As enacted

Contents

10. Insertion of section 31A and section 31B in the principal enactment

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

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.

(2)

The Coordinating Committee shall be constituted by the Director-General from among the following taking into consideration

“Fisheries

Management

Coordinating

Committee.

Act, No. 35 of 2013

the matter to be determined by such Co-ordinating Committee:—

(a)

the officer in charge of the District

Fisheries Office and two other officers from that office;

(b)

(i)

not more than four persons elected from among members of the fisheries committee formed for that Fisheries Management

Area; or

(ii)

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;

(iii)

all members of existing Fisheries

Management Authorities;

(c)

the District Secretary of the

Administrative District within which the Fisheries Management

Area is situated;

(d)

the Divisional Secretary of the

Administrative District within which the Fisheries Management

Area is situated;

(e)

the Chairman of the Pradeshiya

Sabha constituted for the

Pradeshiya Sabha area within which the Fisheries Management Area is situated;

Act, No. 35 of 2013

(f)

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 ;

(g)

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 ;

(h)

the Provincial Director of Fisheries of the Province within which the

Fisheries Management Area is situated ;

(i)

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;

(j)

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;

Act, No. 35 of 2013

(k)

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;

(l)

an officer of the Central

Environmental

Authority established under

National

Environmental Act, No. 47 of 1980, nominated by the Chairman of that

Authority;

(m)

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;

(n)

an officer of the Department of

Forest Conservation, established under

Forest

Conservation

Ordinance

(Chapter 451)

nominated by the Conservator-General of Forest:

(o)

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;

(p)

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;

Act, No. 35 of 2013

(q)

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;

(r)

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;

(s)

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

(t)

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.

(3)

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.

(4)

The

Coordinating

Committee constituted for a Fisheries Management Area shall meet at least once in every month, or in the case of an emergency.

(5)

The Director-General or his nominee shall preside at all meetings of a

Coordinating Committee. In the absence of

Act, No. 35 of 2013

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.

(6)

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

(1)

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.

(2)

A Fisheries Development and

Management Plan prepared by a Coordinating

Committee shall include any or all of the following proposals:—

(a)

proposals for the division of the

Fisheries Management Area into zones for particular uses;

(b)

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

Act, No. 35 of 2013

(c)

proposals for the prohibition or regulation of the use of particular methods for taking of fish or aquatic resources in the

Fisheries

Management Area;

(d)

proposals for the prohibition of the taking of particular species of fish or aquatic resources in the Fisheries

Management Area;

(e)

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;

(f)

proposals for regulating the times at which fish or aquatic resources may be taken in the

Fisheries

Management Area;

(g)

proposals for the preservation of locations of scenic beauty or of cultural or ecological significance in the Fisheries Management Area;

(h)

proposals for the improvement of the sustainability of fish and other aquatic resources in the Fisheries

Management Area;

(i)

proposals to address research, post-harvest and marketing and development aspects related to the

Fisheries Management Area;

(j)

proposals for monitoring, compliance and surveillance; and

(k)

proposals for consultation and review.

Act, No. 35 of 2013

(3)

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.

(4)

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.

(5)

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.”.

Read on from s 11