6. Replacement of section 15 of the principal enactment

Section 15 of the principal enactment is hereby repealed and the following sections substituted therefor:–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