Lembaga Kemajuan Ikan Malaysia (Fisheries Complexes, Fisheries Harbours and Fisheries Landing Jetties) Rules 2010

M A L A Y S I A Warta Kerajaan S E R I P A D U K A B A G I N D A DITERBITKAN DENGAN KUASA HIS MAJESTY’S GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY 9hb April 2010 TAMBAHAN No. 33 PERUNDANGAN (A) Jil. 54 No. 7 P.U. (A) 103. AKTA LEMBAGA KEMAJUAN IKAN MALAYSIA 1971 KAEDAH-KAEDAH LEMBAGA KEMAJUAN IKAN MALAYSIA (KOMPLEKS PERIKANAN, LABUHAN PERIKANAN DAN JETI PENDARATAN IKAN) 2010 SUSUNAN KAEDAH-KAEDAH BAHAGIAN I PERMULAAN Kaedah 1. Nama dan permulaan kuat kuasa 2. Tafsiran BAHAGIAN II KOMPLEKS PERIKANAN DAN LABUHAN PERIKANAN 3. Kompleks perikanan dan labuhan perikanan 4. Sekatan ke atas kemasukan ke dalam kompleks perikanan atau labuhan perikanan 1232 LEMBAGA KEMAJUAN IKAN MALAYSIA ACT 1971 LEMBAGA KEMAJUAN IKAN MALAYSIA (FISHERIES COMPLEXES, FISHERIES HARBOURS AND FISHERIES LANDING JETTIES) RULES 2010 ARRANGEMENT OF RULES PART I PRELIMINARY Rule 1. Citation and commencement 2. Interpretation PART II FISHERIES COMPLEX AND FISHERIES HARBOUR 3. Fisheries complex and fisheries harbour 4. Restriction on entry into fisheries complex or fisheries harbour 5. Application for permit 6. Prohibition on erecting structures, etc. 7. Prohibition on loitering, fishing, etc. PART III FISHERIES LANDING JETTY 8. Fisheries landing jetty 9. Fish handling procedure at fisheries landing jetty PART IV CHARGES 10. Charges on vehicles upon entering fisheries complex or fisheries harbour 11. Charges for use of facilities or spaces of fisheries complex or fisheries harbour P.U. (A) 103. 1233 12. Service charges on fish which are imported, exported and transferred 13. Service charges for fisheries landing jetty PART V GENERAL 14. Restriction on dealing of fish 15. Compliance with the directive of Director General 16. Exemption 17. General offences 18. Revocation, transitional and saving FIRST SCHEDULE SECOND SCHEDULE Rule P.U. (A) 103. 1234 LEMBAGA KEMAJUAN IKAN MALAYSIA ACT 1971 LEMBAGA KEMAJUAN IKAN MALAYSIA (FISHERIES COMPLEXES, FISHERIES HARBOURS AND FISHERIES LANDING JETTIES) RULES 2010 IN exercise of the powers conferred by subsection 4(2) and section 23 of the Lembaga Kemajuan Ikan Malaysia Act 1971 [Act 49], the Lembaga, with the approval of the Minister, makes the following rules: PART I PRELIMINARY Citation and commencement 1. (1) These rules may be cited as the Lembaga Kemajuan Ikan Malaysia (Fisheries Complexes, Fisheries Harbours and Fisheries Landing Jetties) Rules 2010. (2) These Rules come into operation on 9 April 2010. Interpretation 2. In these Rules— “deal or dealing” means to purchase, to sell by wholesale or by auction or by retail, to offer or to expose or to keep for sale, to pack or cause to be packed for consignment or keeping for sale, to consign; “fisheries landing jetty” means any private fisheries landing jetty as declared by the Lembaga in accordance with rule 8 and includes any jetty, landing place and other areas adjoining to it, on which may be erected a wholesale fish market, a retail fish market, an auction hall, a repair yard or a fuel or ice supply installation; “fisheries complex” means the fisheries complex as declared by the Lembaga in accordance with rule 3 and includes any jetty, landing place, fisheries inspection centre and other areas adjoining to it on which may be erected a wholesale fish market, a retail fish market, an auction hall, a repair yard or a fuel or ice supply installation; “fisheries harbour” means the fisheries harbour as declared by the Lembaga in accordance with rule 3 and includes any wharf, pier, dock, jetty, landing place and other areas adjoining to it on which may be erected a wholesale fish market, a retail fish market, an auction hall, a fish processing area, a repair yard or a fuel or ice supply installation. P.U. (A) 103. 1235 PART II FISHERIES COMPLEX AND FISHERIES HARBOUR Fisheries complex and fisheries harbour 3. The Lembaga may, by notification in the Gazette declare any place or area as fisheries complex or fisheries harbour for the purpose of these Rules. Restriction on entry into fisheries complex or fisheries harbour 4. No person shall enter any fisheries complex or fisheries harbour for the purpose of loading, unloading, keeping, collecting, processing or to deal with any fish or any other types of dealing unless he is the holder of a permit issued under rule 5. Application for permit 5. (1) Every application for a permit to enter any fisheries complex or fisheries harbour for the purpose of loading, unloading, keeping, collecting, processing or to deal with any fish or any other types of dealing shall be made in writing to the Director General which contains the following particulars: (a) name, identity card number or passport number of the applicant or any other valid identification document; (b) address of the applicant; (c) the applicant’s business name and address, if any; (d) purpose for which the permit is required; and (e) any other information as the Director General may require, Provided that, the Director General may, as he deems fit and necessary, issue to any person other than the permit holder, an entry pass to be displayed upon entering any fisheries complex or fisheries harbour for any other purposes. (2) The permit issued under this rule shall be in such form as may be determined, and subject to such terms and conditions as may be imposed by the Director General and shall be valid for the period stated therein. (3) The fee payable in respect of the permit issued under this rule shall be as prescribed in the First Schedule. Prohibition of erecting structure, etc. 6. No person shall make any alteration, erect any structure or place any obstruction to any part of a fisheries complex or fisheries harbour without written permission from the Director General. P.U. (A) 103. 1236 Prohibition on loitering, fishing, etc. 7. No person shall— (a) loiter, swim or fish within any fisheries complex or fisheries harbour; (b) repair or construct any fishing net or fishing gear on the jetty or at any other places in any fisheries complex or fisheries harbour; or (c) supply fuel, ice, provisions, services, or conduct any business in any fisheries complex or fisheries harbour, without written permission from the Director General. PART III FISHERIES LANDING JETTY Fisheries landing jetty 8. (1) Any person operating any private fisheries landing jetty shall obtain consent of the Lembaga and the Lembaga may, by notification in the Gazette declare such private fisheries landing jetty as a fisheries landing jetty under these Rules. (2) Any application to obtain consent of the Lembaga as mentioned in subrule (1) shall be made in writing pursuant to the procedure which may be determined by the Lembaga. Fish handling procedure at fisheries landing jetty 9. (1) Any fisheries landing jetty shall comply with any fish handling procedure as may be determined by the Lembaga. (2) Any fisheries landing jetty, from which fish or fish product is supplied for export, shall comply with the importing country’s requirements. PART IV CHARGE Charges on vehicles upon entering fisheries complex or fisheries harbour 10. Any person or holder of a permit or an entry pass issued under rule 5 shall pay a vehicle charge upon entering any fisheries complex or fisheries harbour as prescribed in Part I of the Second Schedule. P.U. (A) 103. 1237 Charges for use of facilities or spaces of fisheries complex or fisheries harbour 11. Any person using any facilities or spaces of any fisheries complex or fisheries harbour shall pay an amount of charges as prescribed in Part II of the Second Schedule. Service charges on fish which are imported, exported and transferred 12. The Lembaga may impose service charges as prescribed in Part III of the Second Schedule on fishes which are— (a) imported or brought in transit from another country into any fisheries complex, fisheries harbour or fisheries landing jetty; (b) exported to another country through any fisheries complex, fisheries harbour or fisheries landing jetty; or (c) transferred from any fisheries complex, fisheries harbour or fisheries landing jetty unless by a procedure of auction prescribed by the Lembaga. Service charges for fisheries landing jetty 13. Any person operating a fisheries landing jetty may provide any types of services and impose charges on such services with prior consent of the Director General. PART V GENERAL Restriction on dealing of fish 14. No person shall be allowed to deal with any fish within any fisheries complex, fisheries harbour or fisheries landing jetty unless that person is the holder of a valid licence issued under the Fish Marketing Regulations 2010 [P.U. (A) 104]. Compliance with the directive of Director General 15. Any person operating or using any fisheries complex, fisheries harbour or fisheries landing jetty shall observe all directives by the Director General. Exemption 16. The Lembaga may exempt any person from all or any of the provisions of these Rules. P.U. (A) 103. 1238 General offences 17. Any person who fails to comply with any provisions of these Rules commits an offence under the Act. Revocation, transitional and saving 18. (1) The Lembaga Kemajuan Ikan Malaysia (Fisheries Complexes and Harbours) Rules 1986 [P.U. (A) 79/1986] is revoked (“the revoked Rules”). (2) All licences, permits, rules, regulations, orders, notices, forms, directions, authorization letters, declarations and exemptions made, issued or given under the revoked Rules shall, in so far as the licences, permits, rules, regulations, orders, notices, forms, directions, authorization letters, declarations and exemptions are consistent with these Rules, continue in force until revoked or replaced by these Rules. (3) Any private fisheries landing jetty other than those declared by the Lembaga in the Declaration of Fisheries Landing Jetty [P.U. (B) 172], which had started operating before the coming into operation of these Rules may continue be in operation and is exempted from any of the provisions of these Rules until a date which shall be appointed by the Lembaga by notification in the Gazette. FIRST SCHEDULE (Rule 5) FEE Description Amount of fee Fee for the permit to enter any fisheries complex or fisheries RM5.00 per year harbour for any person who engages in loading, unloading, keeping, collecting, processing or to deal with any fish or any other types of dealing SECOND SCHEDULE (Rules 10, 11 and 12) CHARGE PART I CHARGES ON VEHICLES UPON ENTERING FISHERIES COMPLEX OR FISHERIES HARBOUR (a) Charge on vehicle per entry for the use of space at the fisheries complex or fisheries harbour not more than eight hours: Types of vehicles Charge (i) Car, van, station-wagon, motorcycle with side-carriage or RM1.00 pick-up (not exceeding unladen weight of 1,500 kg) P.U. (A) 103. 1239 (ii) Lorry, bus or truck (exceeding unladen weight of 1,500 kg) RM2.00 (iii) Motorcycle RM0.50 (iv) Container tractor (with or without a trailer or mobile crane) RM10.00 (b) Charge on vehicle for the use of space at the fisheries complex or fisheries harbour for overnight purposes: Types of vehicles Charge (i) Car, van, station-wagon, motorcycle with side-carriage or RM5.00 pick-up (not exceeding unladen weight of 1,500 kg) per night (ii) Lorry, bus or truck (exceeding unladen weight of 1,500 kg) RM10.00 per night (iii) Motorcycle RM1.50 per night (c) Charge on vehicle per month for the use of space at the fisheries complex or fisheries harbour: Types of vehicles Charge (i) Car, van, station-wagon, motorcycle with side-carriage or RM15.00 pick-up (not exceeding unladen weight of 1,500 kg) (ii) Lorry, bus or truck (exceeding unladen weight of 1,500 kg) RM30.00 (iii) Motorcycle RM5.00 PART II CHARGE FOR THE USAGE OF FACILITIES OR SPACES OF THE FISHERIES COMPLEX OR FISHERIES HARBOUR Facilities/spaces Charge (a) Cold room by tender or negotiation or fixed rent as determined by the Lembaga (b) Marketing hall RM54.00 for one square meter per month (c) Dealers office: (i) concrete structure RM22.00 for one square meter per month (ii) wooden structure flat rate of RM100.00 for one unit per month (d) Shed: (i) processing by tender or negotiation or fixed rent as determined by the Lembaga (ii) net mending – up to 3 days after permit has been issued, at the rate of RM1.00 for one square meter per day – from 4 to 15 days after permit has been issued, at the rate of RM3.00 for one square meter per day – from 16 to 30 days dari 16 after permit has been issued, at the rate of RM5.00 for one square meter per day Types of vehicles Charge P.U. (A) 103. 1240 (iii) net storing RM2.00 for one square meter per day after permit has been issued (e) Canteen by tender or negotiation or fixed rent as determined by the Lembaga (f) Retail store by tender or negotiation or fixed rent as determined by the Lembaga (g) Charge on berthing (including charge for the usage of trolley and slewing jib): (i) one trip according to the gross tonnage of the vessel as follows: below 9.9 grt – free 10 grt to 39.9 grt – RM3.00 40 grt to 69.9 grt – RM10.00 70 grt to 99.9 grt – RM30.00 100 grt and above – RM100.00 (ii) one month according to the gross tonnage of the vessel as follows: below 9.9 grt – RM10.00 10 grt to 39.9 grt – RM60.00 40 grt to 69.9 grt – RM100.00 70 grt and above – RM150.00 (h) Fork lift RM3.00 for a pallet (i) Use of space of by tender or negotiation or fixed rent as determined by fisheries complex or the Lembaga fisheries harbour for any purpose other than those specified in this Schedule (j) Water supply according to the rate issued by the Water Work Department (k) Store RM22.00 for one square meter per month PART III SERVICE CHARGES ON FISH WHICH ARE IMPORTED, EXPORTED AND TRANSFERRED (a) Service charge on imported fish: Description Service charge (i) A container or any other recepticle RM5.00 per container containing not more than 50 kg of fish Facilities/spaces Charge P.U. (A) 103. 1241 (ii) A container or any other receptacle RM10.00 per container containing more than 50 kg but less than 100 kg of fish (iii) A container or any other receptacle calculated at the rate of containing more than 100 kg of fish RM0.10 per kilogram of fish (b) Service charge on exported fish: Description Service charge (i) A container or any other recepticle RM5.00 per container containing not more than 50 kg of fish (ii) A container or any other receptacle RM10.00 per container containing more than 50 kg but less than 100 kg of fish (iii) A container or any other receptacle calculated at the rate of containing more than 100 kg of fish RM0.10 per kilogram of fish (c) Service charge on transferred fish, unless by a procedure of auction: Description Service charge (i) A container or any other recepticle RM0.50 per container containing not more than 50 kg of fish (ii) A container or any other receptacle RM1.00 per container containing more than 50 kg but less than 100 kg of fish (iii) A container or any other receptacle calculated at the rate of containing more than 100 kg of fish RM0.10 per kilogram of fish Made 6 April 2010 [KP/LA/483/4 Jld. 5; PN(PU2)96/VII] DATUK HAJI ABDUL RAHIM BIN HAJI ISMAIL Chairman Lembaga Kemajuan Ikan Malaysia Approved 6 April 2010 DATUK SERI NOH BIN OMAR Minister of Agriculture and Agro-based Industry Description Service charge P.U. (A) 103.