As enacted

Contents

7. Amendment of section 66 of the principal enactment

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

Section 66 of the principal enactment is hereby amended as follows: -

(1)

in the definition of the expression “authorized officer” by the substitution for the words “Sergeant and any officer of the Navy not below the rank of

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;”;

(2)

by the insertion immediately after the definition of

“High Seas” of the following new definition: -

“ “Illegal, Unreported and Unregulated (IUU)

Fishing Operations mean-With regard to Illegal Fishing, Fishing

Operations conducted by-

(a)

local or foreign fishing boats in

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

(b)

any local fishing boat in the High

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;

(c)

any local fishing boat in waters under the jurisdiction of another State, without the permission of such State;

(d)

any fishing boat flying the flag of any foreign State, which is a party to the Indian Ocean Tuna Commission or another Regional Fisheries

Management Organisation to which

Sri Lanka is also a party, in Sri Lanka

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

(i)

the conservation and management measures adopted by the Indian Ocean

Tuna Commission or such other Regional Fisheries

Management Organization; or

(ii)

the relevant provisions of any international agreement or obligations undertaken by

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-

(a)

in the area of competence of the

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;

(b)

in areas or for fish stocks in relation to which there are no applicable conservation or management measures and where such fishing activities are conducted in a manner inconsistent with the responsibilities of Sri Lanka for the conservation of living marine resources under internationl law to the extent set out in any regulation made under this

Act;'';

(3)

by the insertion immediately after the definition of

“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.”.

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