Fisheries (Regulation of Foreign Fishing Boats) (Amendment) Act 2018

This Act may be cited as the Fisheries (Regulation of

Foreign Fishing Boats) (Amendment) Act, No. 1 of 2018.

The Fisheries (Regulation of Foreign Fishing

Boats)Act, No. 59 of 1979 (hereinafter referred to as the

“principal enactment”) is hereby amended by the substitution for the word “Secretary”, wherever that word occurs in the principal enactment or any regulation, rule, notice or notification of the word “Director-General”.

Section 3 of the principal enactment is hereby amended as follows:-

by the repeal of marginal note to that section and the substitution therefor of the following:-

by the substitution for the words “ The commanders of the armed forces shall”, of the words “The

Section 13 of the principal enactment is hereby amended as follows:-

by the repeal of subsection (4) of that section and the substitution therefor of the following new subsection:–

by the repeal of subsection (5) of that section and substitution therefor of the following:–

in subsection (6) of that section by the substitution for the words “Judge of the High Court” and “from the place of arrest to that Judge.”, of the words

The following new sections are hereby inserted immediately after section 13 and shall have effect as sections 13A and 13B of the principal enactment:–

13A. (1) Whenever –

any foreign fishing boat seized and detained under this Act;

any action is instituted under this Act against the master, owner, charterer or any person on-board if any, of a foreign fishing boat, notice shall be forthwith served on the consular officer of the country to which the fishing boat belongs through the Minister to whom the subject of Foreign Affairs has been assigned.

The grounds on which the boat has been seized and detained or on which the proceedings have been taken place, shall be specified in the notice to be served under subsection (1).

Section 15 of the principal enactment is hereby repealed and the following sections substituted therefor:–

15. Where any foreign fishing boat is used in the territorial waters, historic waters, public bays, rivers, lakes, lagoons, estuaries, streams, tanks, pools, ponds, channels or all other public inland or internal waters of Sri Lanka in contravention of the provisions of section 4, the master, owner and charterer or any person on board or any person suspected to have been on board of such boat shall each be guilty of an offence under this Act and shall each be liable on conviction by a Magistrate 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 I hereto based on the length of the fishing boat specified in corresponding entry in the column I of the

Schedule I hereto or to both such fine and imprisonment:

Provided however where such master, owner and charterer or any person on board or any person suspected to have been on board of such boat, commits an offence for the first time under this section, each such person shall be liable on conviction by a Magistrate having regard to the circumstances of the case to an

“Contravention of provisions of section 4

in the territorial waters to be an offence.

Liability for costs and damages.

imprisonment for a term not exceeding one year or to a fine not exceeding the amounts specified in Column II of the Schedule I hereto based on the length of the fishing boat specified in corresponding entry in the Column I of the

Schedule I hereto.

15A.

in the

Where any foreign fishing boat is used in the territorial waters, historic waters, public bays, rivers, lakes, lagoons, estuaries, streams, tanks, pools, ponds, channels or all other public inland or internal waters of Sri Lanka in contravention of the provisions of section 5, the master, owner and charterer or any person on board or any person suspected to have been on board of such boat shall each be guilty of an offence under this Act and shall each be liable on conviction by a Magistrate 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 II hereto based on the length of the fishing boat specified in corresponding entry in the column I of the

Schedule II hereto or to both such fine and imprisonment:

Provided however where such master, owner and charterer or any person on board or any person suspected to have been on board of such boat, commits an offence for the first time under this section, each such person shall be liable on conviction by a Magistrate having regard to the circumstances of the case to an imprisonment for a term not exceeding one year or to a fine not exceeding the amounts specified in Column II of the Schedule II hereto based on the length of the fishing boat specified in corresponding entry in the Column I of the

Schedule II hereto.

Contravention of provisions of section 5

territorial waters to be an offence.

Fisheries (Regulation of Foreign Fishing Boats)

15B.

in the

Where any foreign fishing boat is used in the Exclusive Economic Zone of Sri Lanka in contravention of the provisions of section 4

the master, owner and charterer if any, or any person on board or any person suspected to have been on board of such boat shall each be guilty of an offence under this Act and shall each be liable on conviction by a Magistrate to a fine not less than the amounts specified in column

II of the Schedule III hereto based on the length of the fishing boat specified in corresponding entry in the column I of the Schedule III hereto.

15C.

in the

Where any foreign fishing boat is used in the Exclusive Economic Zone of Sri Lanka in contravention of the provisions of section 5

the master, owner and charterer if any, or any person on board or any person suspected to have been on board of such boat shall each be guilty of an offence under this Act and shall each be liable on conviction by a Magistrate to a fine not less than the amounts specified in column

II of the Schedule IV hereto based on the length of the fishing boat specified in corresponding entry in the column I of the Schedule IV hereto.

15D. Any person who aids and abets the commission of or who attempts to commit any offence or does any act in preparation of or in furtherance of any offence under this Act shall be guilty of an offence under this Act and shall on conviction be liable to a fine not less than one million five hundred thousand rupees.

15E.

of

Any prosecution relating to any offence committed under this Act shall be concluded within one month from the date of institution of any such proceedings in the Magistrate’s

Court.

Contravention of provisions of section 5

Exclusive

Economic

Zone to be an offence.

Offence of aiding and abetting.

Contravention of provisions of section 4

Exclusive

Economic

Zone to be an offence.

Conclusion proceedings within one month.

15F. Notwithstanding anything to the contrary in the Code of Criminal Procedure

Act, No. 15 of 1979, or any other written law, no person suspected of, or accused of, an offence under sections 15 or15A shall be enlarged on bail.

15G. Subject to the provisions contained in the proviso to section 13 (5) any boat, fishing gear, equipment stowed and cargo suspected to have been involved or used in the commission of any offence under sections 15,

15A and 15D shall not be released until conclusion of the trial.

15H. No master, owner, charterer, or any person on board or any person suspected to have been on board shall be deemed to be guilty of an offence under this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of that offence as he ought to have exercised having regard to the nature of his functions and the related circumstances.”.

Section 16 of the principal enactment is hereby amended by the substitution for the words “after trial without a jury before a judge of the High Court,” and “to a fine not exceeding seven hundred and fifty thousand rupees” of the words “after trial by a Magistrate,” and “to a fine not less than seven hundred and fifty thousand rupees and not exceeding seventy five million rupees.” respectively.

Section 17 of the principal enactment is hereby amended as follows:-

by the insertion immediately after paragraph (c) of that section of the following paragraph:-

by the substitution for the words “after trial without a jury before a Judge of the High Court” and “to a fine not exceeding twenty five thousand rupees” of the words “after trial by a Magistrate”and “to a fine not less than the amounts specified in column II of the Schedule V hereto based on the length of the fishing boat specified in corresponding entry in the column I of the Schedule V hereto.”.

The following new sections are hereby inserted immediately after section 17 and shall have effect as sections 17A and 17B of the principal enactment:-

17A. Subject to the provisions of subsection (1) of section 21 of this Act, all offences committed under this Act shall be cognizable and non bailable within the meaning of the

Code of Criminal Procedure Act, No. 15 of 1979.

17B. The provisions of the Prevention of

Crimes Ordinance (Chapter 22) shall mutatis mutandis apply to and in relation to indentification of any person previously convicted of an offence under this Act.”.

Section 18 of the principal enactment is hereby amended, by the substitution for the words “the Court” of the words “the Magistrate’s Court.”.

Section 19 of the principal enactment is hereby amended as follows:-

by the substitution in subsection (1) of that section for the words “court of Appeal” of the words “High

by the substitution for subsection (2) of that section of the following subsection:-

The following new sections are hereby inserted immediately after section 19 and shall have effect respectively as sections 19A, 19B and 19C of the principal enactment:-

19A. Where any abandoned foreign fishing boat, along with fishing gear, fish, aquatic plants, equipment, stores, and cargo is seized, on suspicion of being involved in the commission of an offence under this Act, it shall vest absolutely in the State unless a claim is being made to the said boat within the prescribed period.

19B. (1) Where a claim is made to such abandoned foreign fishing boat, fishing gear, fish, aquatic plants, equipment, stores, and cargo by the master, owner, or charterer if any of the boat within the period prescribed, the

Magistrate upon being satisfied pursuant to an inquiry that such boat was not used for the commission of any offence under this Act shall make an order to release such boat or such items on board, or proceeds thereof, if it is sold consequent to an order made under section 13(5) of this Act to such claimant who has established his legal entitlement to such boat or any items on board before the Magistrate.

“Abandoned foreign fishing boats.

Release of abandoned foreign fishing boat pursuant to an inquiry.

Fisheries (Regulation of Foreign Fishing Boats)

“Compounding of offences.

When to consider an abandoned foreign fishing boat as a foreign fishing boat.

The claimant shall pay all expenses incurred by the State in relation to the abandoned foreign fishing boat and all such items thereon.

Section 20 of the principal enactment is hereby repealed and the following section substituted therefor:-

20. (1) Where the Director-General has sufficient evidence to believe that any person has acted in contravention of the provisions of this Act, he may–

on the recommendation of the panel appointed under section 20A of this

having regard to the circumstances in which such contravention has taken place, if it is appropriate to compound such offence, cause a notice to be served in the prescribed form on such person, requiring him to appear within one month from the date of receipt of such notice and show cause why a sum of money should not be charged on him.

Where the person on whom the notice is served appears within one month from the date of receipt of such notice and admits that he acted in contravention of the provisions of this

Where a person on whom notice is served within one month from the date of receipt of such notice states that he has a cause to show against the compounding of the offence, the

Where the Director-General is not satisfied with reasons given, he may after assigning his own reasons therefor, charge from that person a sum of money specified in subsection (2) of this section.

Where the Director-General charges on any person a sum of money specified in subsection (2) of this section, he shall cause a notice in the prescribed form to be servd on such person indicating partiulars of such charge.

Any person aggrieved by such decision of the Director-General may appeal to the

The Secretary shall, after taking into consideration the decision of the Director-General and the circumstances in which the offence was committed may—

affirm the decision of the Director-General and disallow the appeal;

set aside the decision of the Director-General and allow the appeal;

allow the appeal subject to any amendment, alteration or variation of the decision of the Director-General.

The decision of the Secretary shall be notified to the Director-General who shall take steps to comply with such decision within fourteen days from the date of communication of such decision to the Director-General.

Such decision of the Secretary shall be communicated to the aggrieved party.

Any person aggrieved by such decision of the Secretary may prefer any appeal to the

The compounding of any offence under this section shall be notified in writing under the signature of both parties to the Magistrate’s

The following new section is hereby inserted immediately after section 20 and shall have effect as section 20A of the principal enactment:—

20A. (1) The Director-General in consultation with the Secretary shall appoint a panel of experts consisting of three persons who have the knowledge expertise, and experience in the fields of marine engineering, law and accountancy.

It shall be the function of such panel to make recommendations to the Director-General, on the matters to be taken into account pertaining to compounding of an offence under section 20.

The Minister shall pay such monetary remuneration as he shall determine in consultation with the Minister of Finance, to the members of the panel.”.

Section 21 of the principal enactment is hereby amended as follows:—

by the repeal of subsection (1) of that section and the substitution therefor of the following subsection:—

in subsection (2) of that section by the substitution for the words “A Judge of the High Court to whom”

Section 23 of the principal enactment is hereby amended as follows:—

by the renumbering of that section as subsection (1) of that section;

by the insertion immediately after renumbered subsection (1) of the following subsections:—

Where any abandoned foreign fishing boat is found, it may be presumed to have been used for the commission of any offence under this Act, until the contrary is proved.”.

Section 24 of the principal enactment is hereby amended, by the substitution for the words “be triable by the

High Court sitting in any Judicial Zone of Sri Lanka.”, of the words “be triable by a Magistrate having jurisdiction over the area or locality where the nearest or the most convenient port is situated.”.

Section 26 of the principal enactment is hereby amended by the substitution for paragraph (i) of subsection (2) of that section of the following:—

“(i)

the implementation of the standards stipulated—

in the United Nations Convention on Law of the Sea, 1982;

by Indian Ocean Tuna Commission, 1993;

under the Fish Stock Agreement, 1995;

under the Food and Agriculture

in any other instrument to which Sri Lanka has or would become a party;”.

The following new section is hereby inserted immediately after section 26 and shall have effect as section 26A of the principal enactment:—

26A. Any contravention of or any failure to comply with, any regulation made under section 26 shall be an offence under this Act

“contravention of regulation to be an offence.

triable by a Magistrate of the Magistrate Court and punishable with a fine not less than one million rupees.”.

The following new section is hereby inserted immediately after section 27 and shall have effect as section 27A of the principal enactment:—

27A. (1) There shall be a fund which shall be called the Fisheries Reward Fund (hereinafter referred to as the “Reward Fund”).

The Director-General shall be responsible for the administration of the Reward Fund.

There shall be credited to the Reward

The Director-General shall from time to time pay out of the Reward Fund a reward:—

to any person as specified in section 3;

to any authorized officer; or

to any informer, of such sum of money as he may deem fit:

The accounts of the Reward Fund shall be audited annually by the Auditor-General in accordance with Article 154 of the

Section 28 of the principal enactment is hereby amended as follows:—

by the insertion, immediately before the definition of the expression “aquatic plant”, of the following new definition:—

by the substitution for the definition of the expression “authorized officer”, of the following new definition:—

by the insertion immediately after the definition of the expression“authorized officer”, of the following new definition:—

by the substitution for the definition of the expression “fish” of the following definition:—

by the substitution for the definition of the expression “fishing” of the following definition:—

in the definition of the expression “Local fishing boat” by the substitution for the words “and registered”, of the words “or registered”;

by the substitution for the definition of the expression “related activities” of the following definition:—

by the substitution for the definition of the expression “Secretary” of the following definition:—

by the substitution for the definition of the expression “Sri Lanka waters” of the following definition:—

In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.