Act of Parliament · As enacted
Fisheries and Aquatic Resources (Amendment) Act 2013
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
s 1Short title
This Act may be cited as the Fisheries and Aquatic
Resources (Amendment) Act, No. 35 of 2013.
s 2Amendment of the long title to the Fisheries and Aquatic Resources Act, No. 2 of 1996
The long title to the Fisheries and Aquatic Resources
Act, No. 2 of 1996 (hereinafter referred to as the “principal enactment”) is hereby amended, by the substitution, for the words and figures “FISHERIES AND AQUATIC RESOURCES IN
SRI LANKA; TO REPEAL THE FISHERIES ORDINANCE (CHAPTER 212),”,
OF THE WORDS “FISHERIES AND AQUATIC RESOURCES IN SRI LANKA;
TO GIVE EFFECT TO SRI LANKA’S OBLIGATIONS UNDER CERTAIN
INTERNATIONAL AND REGIONAL FISHERIES AGREEMENTS; TO REPEAL THE
FISHERIES ORDINANCE (CHAPTER 212),”.
s 3Amendment of section 3 of the principal enactment
Section 3 of the principal enactment is hereby amended in subsection (1) of that section as follows:—
by the repeal of paragraphs (b), (c), (d) and (e) of that subsection and the substitution therefor of the following paragraphs:—
“(b)
the Director-General;
the Secretary to the Ministry of the Minister of the Board of Minsters of every province to whom the subject of fisheries has been assigned;
the Chairman of the Council of the National
Institute of Fisheries and Nautical
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Engineering, established under the National
Institute of Fisheries and Nautical
Engineering Act, No. 36 of 1999;
the Director of Planning and Monitoring of the Ministry of Fisheries, who shall be the
Secretary of the Council;”;
by the repeal of paragraphs (i) and (j) of that subsection and the substitution therefor of the following paragraphs:—
“(i)
the Secretary to the Ministry of the Minister to whom the subject of Environment is assigned, or his nominee;
the Director-General of the Coast
Conservation and Coastal Resource
Management Department, established under
Coast Conservation and Coastal Resource
Management Act, No. 57 of 1981;”; and
by the insertion, immediately after paragraph (j)
of that subsection, of the following paragraphs:—
“(ja)
the Chairman of the National Aquaculture
Development Authority of Sri Lanka established under the National Aquaculture
Development Authority of Sri Lanka Act, No.
53 of 1998;
the Director-General (Technical) of the
Ministry of Fisheries;
the Director-General of the Department of
Coast Guard, established under the Department of Coast Guard Act, No. 41 of 2009;
the Conservator-General of Forests, appointed under the Forest Conservation
Ordinance (Chapter 451);
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the Commissioner-General of Agrarian
Development, appointed under the Agrarian
Development Act, No. 46 of 2000;
the Secretary to the Ministry of the Minister to whom the subject of Irrigation has been assigned, or his nominee;
the Secretary to the Ministry of the Minister to whom the subject of Wild Life
Conservation has been assigned, or his nominee;
the Secretary to the Ministry of the Minister to whom the subject of River Basins has been assigned, or his nominee;
the Secretary to the Ministry of the Minister to whom the subject of Land has been assigned, or his nominee;
the Secretary to the Ministry of the Minister to whom the subject of Tourism has been assigned, or his nominee;
the President of the All Ceylon Madel Owners
Fisheries Co-operative Society Limited, registered under the Co-operative Societies
Law, No. 5 of 1972;
the Chairman of National Fisheries
Federation;
two persons engaged in fishing, nominated by the National Fisheries Federation of
Fisheries Organizations;
two persons engaged in fishing nominated by the Multi Day Fishing Boat Owners
Association;”.
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s 4Amendment of heading appearing in PART II of the principal enactment
The heading appearing in PART II of the principal enactment is hereby amended by the substitution for the words “Licensing of Fishing Operations” of the words “Licensing of Fishing Operations in Sri Lanka
Waters”.
s 5Insertion of new PART II A in the principal enactment
The following new part is hereby inserted immediately after PART II of the principal enactment and shall have efffect as PART II A of the enactment:—
“PART II A
LICENSING OF FISHING OPERATIONS IN THE HIGH SEAS
14A. No person shall engage in any prescribed fishing operations in the High Seas, except under the authority, and otherwise than in accordance with the terms and conditions, of a licence granted by the Director-General.
14B. (1) Every application for a licence under section 14A shall be made in the prescribed form to the Director-General, and shall be accompanied by the declaration referred to in subsection (2) and the prescribed fee.
(a) An application under subsection (1)
shall be accompanied by a declaration, on oath, signed by the applicant stating whether he has, or has not, been issued with a licence or a permit by another State to fish in the High Seas.
If the applicant declares that he has been issued with a licence or a permit by another State to fish in the High Seas, he shall also declare—
the name of the State which has issued such licence or permit, and the date on which it was issued;
Licensing of
Fishing
Operations in the High
Seas.
Application for a licence.
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in case such licence or permit has been subsequently suspended, the date on which it was suspended, and the period for which it was suspended; and
in case such licence or permit has been subsequently cancelled, the date on which it was cancelled.
On receipt of an application under subsection (1) the Director-General shall, subject to the provisions of subsection (4), either grant a licence or for reasons to be recorded by him, refuse to grant a licence.
The Director-General shall refuse to grant a licence under subsection (3) if-
the local fishing boat in respect of which the application has been made is not costructed in accordance with the specifications prescribed by regulations made under this Act;
such boat is not registered under this
Act;
such boat is not marked in accordance with uniform and internationally recognizable vessel marking systems;
the fishing gear carried on such boat is not marked in accordance with uniform and internationally recognizable gear marking systems enabling identification of the owner of the gear;
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such boat is not equipped with a vessel monitoring system and communication equipment, which enables the Director-General and his staff to communicate effectively with such boat and to exercise control over the activities of such boat;
such boat is not equipped with the safety equipment prescribed by regulations made under this Act;
the applicant has been authorized to use such boat for fishing in the
High Seas by a licence or a permit issued by another State—
such licence or permit has been suspended for a period; and
the period of suspension is still in force; or
such licence or permit has been cancelled; and
a period of three years has not elapsed since such cancellation.
14C. Every licence granted under this Part shall—
be in such form as may be prescribed;
unless suspended or cancelled earlier, be in force for a period of one calendar year from the date of grant of such licence;
Form and duration of licence.
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be subject to such terms and conditions as may be prescribed with regard to the fishing operations authorized by such licence, including conditions relating to the provision of information by the holder of the licence regarding the area of operations of the local fishing boat to which the licence applies, and the retained catch, the discarded catch and landings of such boat in relation to each fishing trip.
14D. (1) The Director-General shall cause to be maintained a register of all licences granted under this Part of the Act. Such register may also be maintained in electronic form.
A copy or extract purporting to be certified under the hand of the Director-General to be a true copy of, or extract from, any register maintained under subsection (1) shall be admissible in evidence without proof of the signature or appointment of the Director-General, and shall be prima facie evidence of the contents of such register for all purposes, and in all proceedings, civil or criminal.
14E.
board
The holder of a licence granted under this Part shall cause such licence to be carried at all times on the local fishing boat to which the licence applies, and shall produce such licence for inspection when required to do so by a duly authorized officer.
14F.
foreign waters
The holder of a licence granted under this Part shall not use, or cause to be used, the local fishing boat to which the licence applies for fishing operations in waters within the national jurisdiction of another State, unless authorized to do so in accordance with the laws of that State.
Prohibition on fishing in
Register of
Licences.
Licence to be carried on
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14G.
and
The holder of a licence granted under this Part, authorizing the use of a local fishing boat for fishing operations in the High Seas shall not use such boat, or cause such boat to be used, in contravention of regulations, made by the Minister under section 61(t), implementing conservation and management measures adopted—.
under the
United
Nations
Convention on the Law of the Sea of December 10, 1982;
by the Indian Ocean Tuna
Commission;
under the Fish Stocks Agreement 1995; and
under the Food and Agriculture
Organization (FAO) of the United
Nations Agreement on Port State
Measures to Prevent, Deter and
Eliminate Illegal, Unreported and
Unregulated Fishing 2009, and which are binding on Sri Lanka.
14H. (1) The holder of a licence granted under this Part may apply to the Director-General for a renewal of the licence, not less than thirty days before the expiry of the licence.
The Director-General shall renew the licence if he is satisfied that—
the local fishing boat to which the licence applies continues to comply with the conditions referred to in section 14B (4);
Renewal of licence.
Licensee to comply with conservation management measures.
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the holder of the licence has observed the terms and conditions of such licence;
the holder of the licence has paid the prescribed fee for the renewal of the licence; and
the renewal of the licence will not undermine the effectiveness of the conservation and management measures referred to in section 14G, and implemented by regulations made under section 61.
14I. The Director-General shall, after giving the holder of a licence an opportunity of being heard, suspend a licence granted under this
Part, if he is satisfied that such holder is being investigated for the contravention of section 14F or section 14G. Any such suspension shall be effective until the conclusion of the investigation.
14J. The Director-General shall cancel a licence granted under this Part, if he is satisfied that—
the holder of the licence has been convicted of an offence under this
Act;
the holder of the licence has contravened any provision of this
Act or any regulation made thereunder or any term or condition of such licence;
the holder of the licence has used the local fishing boat to which the licence applies for unauthorized
Cancellation of a licence.
Suspension of a licence.
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fishing in waters within the national jurisdiction of another State, or for unauthorized or illegal activities in waters within the national jurisdiction of another State or in the
High Seas;
the fishing boat to which the licence applies has ceased to be a local fishing boat; and
the registration of the fishing boat has been cancelled.
14K. Where the Director-General refuses to grant or renew a licence or suspends or cancels a licence, he shall communicate such decision and the reasons therefor to the applicant or to the licensee, as the case may be.
14L. (1) The applicant or the licensee, as the case may be, who is aggrieved by a decision communicated to him under section 14K, may appeal against such decision to the Secretary of the Ministry of the Minister in writing, within thirty days from the date on which the decision is communicated to him.
(a) The Secretary shall refer every appeal made to him under subsection (1) to the Appeals
Advisory Committee for its recommendations on such appeal.
The Appeals Advisory Committee shall consist of three persons appointed by the
Secretary from amongst persons who have knowledge and experience in the management and conservation of fisheries and aquatic resources.
Director-General to communicate the decision together with reasons.
Appeals.
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The Appeals Advisory
Committee shall make its recommendations on an appeal referred to it under paragraph (a) after having heard both parties, within fourteen days of such reference.
The Secretary shall determine an appeal made to him under subsection (1) taking into consideration the recommendations of the
Appeals Advisory Committee, and may either—
allow the appeal and direct the
Director-General to grant or renew the licence or to revoke the suspension or cancellation of the licence; or
disallow the appeal for reasons assigned.
The Director-General shall comply with any direction issued to him under subsection (3) by the Secretary.
When an application for a licence or the renewal of a licence is refused, the
Director-General shall refund to the applicant or the licensee, as the case may be, the fee accompanying such application.
The decision of the Secretary under this section shall be final and conclusive.
14M. (1) A licence granted under this Part shall not be transferred except with the consent of the Director-General and any such transfer shall be endorsed upon such licence. In the event of a transfer, the registration of the fishing boat shall be transferred in the transferee’s name.
Transfer of licences.
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A person whose licence has been cancelled under section 14J shall not be entitled to have a licence transferred in his name.
14N. The Director-General shall, subject to the availability of resources, conduct long term educational and training programmes, to educate the fishers on the regulations made under this Act and on the guidelines issued by the Indian Ocean Tuna Commission; and to create awareness among fishers about the measures taken by the Government to conserve fish stocks and to minimize pollution.”.
s 6Amendment of section 15 of the principal enactment
Section 15 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words “Sri Lanka Waters”, of the words “Sri Lanka
Waters or the High Seas”.
s 7Insertion of new sections 16A and 16B in the principal enactment
The following new sections are hereby inserted immediately after section 16 and shall have effect respectively as sections 16A and 16B, of the principal enactment:—
16A. The Director-General may, where he has reasonable grounds to believe that any person is engaged in carrying out unlawful fishing operations in waters within the jurisdiction of another State, and the fishing boat used for such operations is a local fishing boat registerd under section 15, he may, after affording such person or the owner, as the case may be, an opportunity of being heard—
cancel or suspend for such period as may be determined by him, the registration of such boat as a local fishing boat under section 15; and
Educational programmes for fishers.
“Cancellation or suspension of registration of fishing boats and the licence for fishing operations.
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cancel or suspend any licence issued in respect of that fishing boat, under section 6 or section 14A, as the case may be, authorizing the licensee to engage in any prescribed fishing operations in Sri Lanka waters or the
High Seas, as the case may be.
16B. Where the owner of a registered fishing boat requests the Director-General, in writing, to cancel the registration of a fishing boat which is registered in his name, as he does not intend to use such fishing boat for the purpose of fishing in Sri Lanka waters or the High Seas after a specified date, the Director-General shall after satisfying himself on the fact that such fishing boat will not be used for the purpose of fishing in Sri Lanka waters or the High Seas, cancel the registration of such fishing boat. Such cancellation shall be effective from the date as is specified by him. He shall also inform the owner of the fact of cancellation in writing.”.
s 8Amendment of section 28 of the principal enactment
Section 28 of the principal enactment is hereby amended, by the substitution, for the words “Sri Lanka waters”, of the words “Sri Lanka Waters or the High Seas”.
s 9Replacement of section 31 of the principal enactment
Section 31 of the principal enactment is hereby repealed and the following section substituted therefor :—
31. (1) The fishers of any area may request the Director-General , in writing, to designate a specified area of Sri Lanka waters or both such waters and the land adjacent thereto, as a
Fisheries Management Area for the purposes of this Act.
The Director-General may—
of his own motion, or
Cancellation on information by owner.
“Fisheries
Management
Areas.
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on a request made to him in writing under subsection (1), recommend to the Minister that a specified area of Sri Lanka waters or both such waters and the land adjacent thereto, be designated as a Fisheries Management Area:
Provided that, the Director-General shall make such a recommendation only upon satisfying himself after such inquiries and investigations as are reasonable in the circumstances, that there are threats to the sustainability of fish and other aquatic resources in any area.
Upon receipt of the recommendation under subsection (2), the Minister may, by
Order published in the Gazette, designate the area referred to in the recommendation as a
Fisheries Management Area for the purposes of this Act.”.
s 10Insertion of section 31A and section 31B in the principal enactment
The following new sections are hereby inserted immediately after section 31 of the principal enactment and shall have effect as sections 31A and 31B of that enactment :—
31A. (1) There shall be a Fisheries
Management Coordinating Committee
(hereinafter referred to as the “Coordinating
Committee”) for every Fisheries Management
Area designated by an Order made under section 31, appointed by the Director-General.
The Coordinating Committee shall be constituted by the Director-General from among the following taking into consideration
“Fisheries
Management
Coordinating
Committee.
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the matter to be determined by such Co-ordinating Committee:—
the officer in charge of the District
Fisheries Office and two other officers from that office;
(i)
not more than four persons elected from among members of the fisheries committee formed for that Fisheries Management
Area; or
where there are two or more fisheries committees in that
Fisheries Management Area, not more than twelve persons elected by the members of all the fisheries committees in that
Fisheries Management Area:
Provided however, that there shall be an equal number of members from each of such fisheries committees;
all members of existing Fisheries
Management Authorities;
the District Secretary of the
Administrative District within which the Fisheries Management
Area is situated;
the Divisional Secretary of the
Administrative District within which the Fisheries Management
Area is situated;
the Chairman of the Pradeshiya
Sabha constituted for the
Pradeshiya Sabha area within which the Fisheries Management Area is situated;
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the Mayor of the Municipal
Council constituted for the
Municipality within the limits of which the Fisheries Management
Area is situated or the Chairman of the Urban Council for the Urban
Council area within the limits of which the Fisheries Management
Area is situated ;
an officer of the Urban Development
Authority established under the
Urban Development Authority Law,
No. 41 of 1978, nominated by the
Chairman of that Authority ;
the Provincial Director of Fisheries of the Province within which the
Fisheries Management Area is situated ;
an officer of the Department of Coast
Conservation and Coastal Resource
Management established under the
Coast Conservation and Coastal
Resource Management Act, No. 57
of 1981 nominated by the Director-General of Coast Conservation and
Coastal Resource Management;
an officer of the National Aquatic
Resources
Research and
Development Agency established under the National Aquatic
Resources
Research and
Development Agency Act, No. 54
of 1981 nominated by the Chairman of the Governing Board of that
Agency;
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an officer of the National
Aquaculture
Development
Authority established under the
National Aquaculture Development
Authority of Sri Lanka Act, No. 53
of 1998, nominated by the
Chairman of the Board of Directors of that Authority;
an officer of the Central
Environmental
Authority established under
National
Environmental Act, No. 47 of 1980, nominated by the Chairman of that
Authority;
an officer of the Department of Wild
Life Conservation established under the Fauna and Flora
Protection Ordinance (Chapter 469)
nominated by the Director-General of Wild Life Conservation;
an officer of the Department of
Forest Conservation, established under
Forest
Conservation
Ordinance
(Chapter 451)
nominated by the Conservator-General of Forest:
an officer of the Marine
Environment Protection Authority established under Marine Pollution
Prevention Act, No. 35 of 2008, nominated by the Chairman of that
Authority;
an officer of the Ministry of Land nominated by the Secretary to the
Ministry of the Minister to whom the subject of land has been assigned;
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an officer of the Sri Lanka Tourism
Development Authority established by the Tourism Act, No. 38 of 2005, nominated by the Chairman of that Authority;
an officer of the Department of
Police nominated by the Deputy
Inspector General of Police for the Province within which the
Fisheries Management Area is situated;
an officer of the Department of
Coast Guard established by the
Department of Coast Guard Act,
No. 41 of 2009, nominated by the Director-General of that
Department; and
an officer of the Sri Lanka Navy nominated by the Commander of the Navy for the province within which that Fisheries Management
Area is situated.
The Director-General shall appoint from among the officials referred to in paragraph (a)
of subsection (2) a Secretary or a Convener of the Coordinating Committee. The Secretary or the Convener shall convene all meetings of the Coordinating Committee constituted for a
Fisheries Management Area.
The
Coordinating
Committee constituted for a Fisheries Management Area shall meet at least once in every month, or in the case of an emergency.
The Director-General or his nominee shall preside at all meetings of a
Coordinating Committee. In the absence of
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the Director-General or his nominee from a meeting of a Coordinating Committee, the members present may elect, from among themselves, a Chairman for that meeting.
The Director-General may appoint other persons, including representatives of
Divisional Coordinating Committees, representatives of associations representing other commercial activities conducted within the limits of the Fisheries Management Area, representatives of the fisher women’s groups and representatives of non-governmental organizations involved in natural resources management and the welfare of fishers, within the limits of the Fisheries Management Area, to be members of the Coordinating Committee.
31B.
and
It shall be the duty of a Coordinating
Committee constituted for a Fisheries
Management Area, to submit to the Director-Plans.
General a Fisheries Development and
Management Plan in respect of the Fisheries
Management Area, within a period of one year from the date of the Order under section 31(3)
designating such area as a Fisheries
Management Area.
A Fisheries Development and
Management Plan prepared by a Coordinating
Committee shall include any or all of the following proposals:—
proposals for the division of the
Fisheries Management Area into zones for particular uses;
proposals for the prohibition or regulation of the use of particular types of fishing gear or euqipment for the taking of fish and aquatic resources in the
Fisheries
Management Area;
Fisheries
Development
Management
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proposals for the prohibition or regulation of the use of particular methods for taking of fish or aquatic resources in the
Fisheries
Management Area;
proposals for the prohibition of the taking of particular species of fish or aquatic resources in the Fisheries
Management Area;
proposals for the declaration of closed seasons for fishing in particular parts of that Fisheries
Management Area or for particular species of fish in that Fisheries
Management Area;
proposals for regulating the times at which fish or aquatic resources may be taken in the
Fisheries
Management Area;
proposals for the preservation of locations of scenic beauty or of cultural or ecological significance in the Fisheries Management Area;
proposals for the improvement of the sustainability of fish and other aquatic resources in the Fisheries
Management Area;
proposals to address research, post-harvest and marketing and development aspects related to the
Fisheries Management Area;
proposals for monitoring, compliance and surveillance; and
proposals for consultation and review.
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The Director-General having regard to the purposes of this Act, shall within sixty days of a Fisheries Development and Management
Plan being submitted by a Coordinating
Committee, make modifications if any, to the plan and submit the plan to the Minister for his approval.
The Minister shall approve a plan submitted under subsection (3), within sixty days of it being submitted to him and shall cause the plan to be published in the Gezette.
The plan shall be operative from the date of its publication in the Gazette or from such later date as may be specified therein.
The Minister shall give effect to the provisions of the plan by making appropriate regulations under section 61 and by the publication of appropriate notices under section 34.”.
s 11Amendment of section 32 of the principal enactment
Section 32 of the principal enactment is hereby amended in subsection (2) of that section, by the repeal of paragraph (a) of that subsection.