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21. Amendment of section 28 of the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

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

(1)

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

“ “abandoned foreign fishing boat” includes a boat without any person or persons on board;”;

(2)

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

“ “authorized officer” means any officer not below the rank of Fisheries Inspector appointed under the Fisheries and Aquatic Resources

Act, any member of the Navy not below the rank of petty officer, any member of the Air

Force not below the rank of Sergeant, any

Police Officer not below the rank of Sergeant, any person attached to the regular service of the Department of Coast Guard and any other person designated as such by name of by office, by the minister in writing;”;

(3)

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

“ “Director General” means, the Director-General of Fisheries and Aquatic Resources appointed under section 2 of the Fisheries and Aquatic

Resources Act, No. 2 of 1996;”;

(4)

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

“ “fish” means, any water dwelling aquatic or marine animal, alive or not, and includes their eggs, spawn, spat and juvenile stages, and any of their parts, and includes all organisms belonging to sedentary species;”;

(5)

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

“ “fishing” includes searching for, attracting, locating, catching, taking or killing or harvesting fish or collecting aquatic plants by any method and includes an attempt to catch, take or kill fish or to collect aquatic plants and an attempt to execute any of the acts hereinbefore mentioned in Sri Lanka waters;”;

(6)

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

(7)

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

“ “related activities” in relating to fishing include—

(a)

transshipping fish to or from any boat or vessel in Sri Lanka waters;

(b)

storing, processing, preserving or transporting fish or aquatic plants obtained from fishing operations;

(c)

refuelling or supplying fishing boats or performing other activities in support of or ancillary to, fishing operations;

(d)

provisioning of personnel, fuel, gear and other supplies at sea;

(e)

attempting or preparing to do any of the above;”;

Fisheries (Regulation of Foreign Fishing Boats)

(8)

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

“ “Secretary” shall mean the Secretary to the Ministry of the Minister assigned the subject of

Fisheries;”;

(9)

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

“ “Sri Lanka waters” means—

(a)

the area declared to be the territorial sea of Sri Lanka by proclamation made under section 2 of the Maritime Zones

Law, No. 22 of 1976;

(b)

the area declared to be the contiguous

Zone of Sri Lanka by proclamation made under section 4 of the Maritime Zones

Law, No. 22 of 1976;

(c)

the area declared to be the exclusive

Economic Zone of Sri Lanka by proclamation made under section 5 of

Maritime Zones Law, No. 22 of 1976;

(d)

the area declared to be the historic waters of Sri Lanka by proclamation made under section 9 of the Maritime

Zones Law, No. 22 of 1976; and

(e)

all public bays, rivers, lakes, lagoons, estuaries, streams, tanks, pools, ponds, channels and all other public inland or internal waters.”.

Read on from s 22

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