Fisheries and Aquatic Resources (Amendment) Act, No. 11 of 2017

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA FISHERIES AND AQUATIC RESOURCES (AMENDMENT) ACT, No. 11 OF 2017 Printed on the Order of Government [Certified on 25th of July, 2017] PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5 Price : Rs. 6.00 Postage : Rs. 10.00 Published as a Supplement to Part II of the Gazette of the Democratic Socialist Republic of Sri Lanka of July 28, 2017 1Fisheries and Aquatic Resources (Amendment) Act, No. 11 of 2017 2—PL 005211—2961 (05/2017) [Certified on 25th of July, 2017] L.D.—O. 21/2016. AN ACT TO AMEND THE FISHERIES AND AQUATIC RESOURCES ACT, NO. 2 OF 1996 BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:— 1. This Act may be cited as the Fisheries and Aquatic Resources (Amendment) Act, No. 11 of 2017. 2. The following new section is hereby inserted immediately after section 28 of the Fisheries and Aquatic Resources Act, No. 2 of 1996 (hereinafter referred to as the “principal enactment”) and shall have effect as section 28A of that enactment:— 28A. (1) (a) No person shall engage in or cause any other person to be engaged in fishing operations utilizing bottom trawl nets, including nets with or without two wings or using vertical poles at the two free ends of the net, to be towed by motorized or mechanized fishing boats. (b) No person shall use, possess, import, transport, purchase or sell any bottom trawl net, to be towed by a motorized or mechanized fishing boat for the purpose of carrying out fishing operations in Sri Lanka Waters. (2) No license shall be issued by the Director-General under Part II of this Act for fishing operations carried out by bottom trawl nets to be towed by a motorized or mechanized fishing boat in Sri Lanka Waters. Short title. Insertion of new section 28A in the principal enactment. “Prohibition of fishing operations utilizing bottom trawl nets. Fisheries and Aquatic Resources (Amendment) Act, No. 11 of 2017 2 Amendment of section 66 of the principal enactment. Amendment of section 49 of the principal enactment. (3) Any license, issued under this Act for fishing operations carried out utilizing bottom trawl nets towed by motorized or mechanized fishing boats in Sri Lanka Waters, shall not be renewed: Provided that, a license already issued for the use of bottom trawl nets and which is still in force on the day preceding the date of commencement of this Act, shall notwithstanding anything to the contrary in this Act, continue to be valid for the purpose and in respect of which the license has been issued, for the period specified therein.”. 3. Section 49 of the principal enactment is hereby amended by the insertion immediately after subsection (2A) thereof, of the following new subsection:— “(2AA) Any person who contravenes or fails to comply with the provisions of section 28A of this Act shall be guilty of an offence and shall on conviction after summary trial before a Magistrate, be liable to an imprisonment for a term not exceeding two years or to a fine not less than fifty thousand rupees.”. 4. Section 66 of the principal enactment is hereby amended by the insertion, immediately after the definition of the expression “Sri Lanka Waters”, of the following new definition:— “ “bottom trawl net” means a towing net having a cone shaped body and a bag or cod end (madiya) connected to the apex with or without two wings connected to the other end and towed by motorized or mechanized fishing boats.”. 3Fisheries and Aquatic Resources (Amendment) Act, No. 11 of 2017 Sinhala text to prevail in case of inconsistency. Section 28A of this Act to prevail over other written law. 5. The provisions of section 28A of this Act, shall have effect notwithstanding anything to the contrary in any other written law, and accordingly, in the event of any conflict or inconsistency between the provisions of section 28A of this Act and such other law, the provisions of section 28A of this Act shall prevail. 6. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail. Fisheries and Aquatic Resources (Amendment) Act, No. 11 of 2017 4 Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180 (Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th December each year in respect of the year following.