Fisheries and Aquatic Resources (Amendment) Act 2023

Provided however, any such person shall not be deemed to be guilty of an offence if such person proves that such offence was

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“Prohibition of fishing in foreign waters committed without the knowledge of such person and that he exercised all due diligence to prevent the commission of such offence.”.

Provided however, any such person shall not be deemed to be guilty of an offence if such person proves that such offence was committed without the knowledge of such person and that he exercised all due diligence to prevent the commission of such offence.

14P. The Director-General may, where he has reasonable grounds to believe that any person is engaged in any Illegal, Unreported or Unregulated fishing operations in waters within the jurisdiction of another State, and the fishing boat used for such operations is a local fishing boat registered under section 15,

Prohibition of Illegal,

Unreported or

Unregulated fishing in Sri

Lanka Waters or High Seas

Cancellation etc., of registration of fishing boats and the license for fishing operations he may, after affording such person or the owner of such boat, as the case may be, an opportunity of being heard-

to the end of that section, of the following: -

“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 the amounts specified in Column II of the Schedule hereto which shall be determined by taking into consideration the length of the fishing boat specified in corresponding entry in the Column

I of the said Schedule:-

SCHEDULE

Column I

Column II

Length of a boat

Fines 10.3 to less than 15 meters Rupees 50,000 15 to less than 24 meters

Rupees 100,000 24 to less than 45 meters

Rupees 500,000 45 to 75 meters

Rupees 1 Million

More than 75 meters

Rupees 5 Million.”.

“(4A). Notwithstanding anything contained in subsection (4), any person who is a party to a fishing dispute not involving a fishing boat 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 not involving a fishing boat entered under subsection (3) of section 44 fails to comply with the terms of such settlement shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to a fine not less than fifty thousand rupees.”.

Petty Officer” of the words and figures “Sergeant, any officer of the Navy not below the rank of a

Petty Officer or any Coast Guard officer of the

Department of Coast Guard established by the

Department of Coast Guard Act, No. 41 of 2009;”;

“High Seas” of the following new definition: -

“ “Illegal, Unreported and Unregulated (IUU)

Fishing Operations mean-With regard to Illegal Fishing, Fishing

Operations conducted by-

Sri Lanka Waters in contravention of any law or any regulation made under this Act;

Seas in contravention of any laws or any regulation made under this Act,

Penalty for offences for which no penalty is expressly provided including any regulation made to implement conservation and management measures adopted by the

Indian Ocean Tuna Commission or other

Fisheries

Management

Organization to which Sri Lanka is a party;

Management Organisation to which

Sri Lanka is also a party, in Sri Lanka

Waters, operating in contravention of regulations made under this Act implementing-

Tuna Commission or such other Regional Fisheries

Management Organization; or

Sri Lanka, as the case may be;

with regard to Unreported Fishing, Fishing

Operations-which have not been reported, or have been misreported to the Director-General in contravention of the prescribed reporting procedures under this Act or any regulation made hereunder, including any regulation that may be made by the Minister under this Act implementing any reporting procedures of the Indian Ocean Tuna

Commission or any other Regional

Fisheries Management Organisation to which Sri Lanka is a party or the relevant provisions of any international agreement or obligations undertaken by Sri Lanka, in the area of competence of the Indian Ocean

Tuna Commission or any other Regional

Fisheries Management Organisation or such other area, as the case may be;

with regard to Unregulated Fishing,

Fishing Operations-

Indian Ocean Tuna Commission or any other Regional Fisheries

Management Organisation to which

Sri Lanka is a party conducted by a fishing boat without nationality or flying the flag of a State that is not a party to Indian Ocean Tuna

Commission or such other

Regional Fisheries Management

Organisation, in a manner that is not consistent with or contravenes the conservation and management measures of the Indian Ocean Tuna

Commission or such other

Regional Fisheries Management

Organisation, implemented by any regulation made under this Act;

Act;'';

“sedentary species” of the following new definition:-

“ “Skipper” means the person who is in command of a fishing vessel and provides instructions on the route, estimate and record of catch and manages the crew onboard. The master or captain on board is also considered as serving in the capacity of a skipper.”.