Fisheries (Maritime) (Licensing of Local Fishing Vessel) Regulations 1985

2649 P.U. (A) 567. FISHERIES ACT 1985 FISHERIES (MARITIME) (LICENSING OF LocAL FISl-flNG VESSEL) REGULATIONS 1985 ARRANGEMENT OF REGULATIONS Regulation I. Citation, commencement and application. 2. Application for licence and renewal thereof. 3 .. Requirement to produce vessel for inspection. 4. inspection as to seaworthiness of vessel, etc. 5. Register of licences. 6. Particulars to be entered in local fishing vessel licences. 7. Fee. 8. Production of NRIC. 9. Duty to inform any change of ownership of vessel. 10. Numbering and marking of vessel. I I. fxlivcry of licence. 12. 1:-i<.:encc to be kept ◊n board. 13. Owner to furnish names on demand. 14. Fishing vessel and licence plate to be kept clean. 15.. Report of change, loss. damage, etc. to the Director General. 16. Deaths, accidents and articles left in vessel. 17. Limits within which fishing vessel may ply. 18. fishing vessel not to carry passengers or cargo. 19. Manning. :!O.. · Seizure of local licensed fishing vessel. 21. Loss of licence. Sc1IEDuLE. P.U. (A) 567. 2650 Act J/7. Citatioo, conunonccmcnt and 1pplic1tioo·. Applic.itioo for liccoc,, and rooewal Lhcrcof. Requirement to produce vc:ssd (or in,pcction. Inspection LI lO SC&• worthine.ss 0 f vessel. etc. L.N. J/1/SJ. Roautoc oC ticco01Cl'5. Particulars to be catered in IOC&.I fuhios vessel licooces. F«. Product.ion ofNRIC. FISHERIES ACT 1985 FISHERIES (MARITIME) (LICENSING OF LOCAL FISHING VESSEL) REGULATIONS 1985 IN exercise of the powers conferred by section 6 I of the Fisheries Act l 985.. the Minister makes the following regulations: l. (l) These Regulations may be cited as the Fisheries (Maritime) (Licensing of Local Fishing Vessel) Regulations 1985 and shall come into force on the 1st January l 986. (2) These Regulations shall apply only to local fishing vessel 1n Malaysian fisheries water. 2. (I) Subject to section 9 of the Act. any application for the issuance of a licence under section 11 of the Act or for the renewal thereof in respect of any local fishing vessel shall be made lo the Director General in such form as he may prescribed. (2) An application for the renewal of such licence shall be made within seven days from the date of expiry. 3. Every applicant for local fishing vessel licence shall produce his. vessel for inspection by the Director General as such place and al such time as he may direct. 4. The Director General shall, before issuing any such licence, inspect the vessel to ensure that such vessel is seaworthy and is equipped with the life-saving and fire-fighting equipments as required by paragraph 4 of rule 18 of the Boat Rules 1953. and is proper for the purpose of fishing in accordance with the condition of a licence issued for the operation of a fishing appliance, fishing stake, or marine culture system. 5. The Director General shall maintain and keep a register showing particulars of all local fishing vessel licences issued. 6. There shall be entered in every local fishing vessel licence issued under the Act the following particulars: (a) the name and address of the owner and master of the vessel; · (h) the length, breadth, depth and gross tonnage of the vessel; (c) the nationality and the number of crews to be employed; and (d) the number of the National Registration Identity Card of the owner and master of the vessel. 7. ·There shall be payable in respect of licence for local fishing vessel of the horse power specified in the first column of the Schedule the fees specified in the second column of the said Schedule. 8. The owner of every local fishing vessel shall, at the time of application for a licence, produce his National Registration Identity Card to the Director General who shall enter the number or such idenlitv cud on th~ licence and in the anpronriate register. 2651 P.U. (A) 567. 9. The holder of any local fishing vessel licence shall report to the Director General any change in the ownership of such vessel and the Director General shall· take such action to cancel the licence. Any such cancellation shall be endorsed in the register. I 0. (I) The owner of every licensed fishing vessel shall, prior to the issuance of the licence, cause the licence number of the vessel to be painted, marked or affixed on each side of such vessel or elsewhere as the Director General may direct, and the permanent number assigned to the vessel by the Director General shall be carved or branded on the main beam or other conspicuous part of the such vessel. (2) The painting, marking, affixing, carving or branding required by this regulation shall be carried out to the satisfaction of the Director General, and shall not be removed, altered or defaced except with his approval in writing. (3) No such licence number so paiqted, marked, affixed, carved or branded shall be obscured from view or overhung by any part of the fishing vessel or by anything thereon. 11. The Director General shall deliver to the owner of every licensed fishing vessel a licence containing the particulars as specified in regulation 6. 12. The owner of every licensed fishing vessel shall cause such licence to be kept at all times on board his vessel in custody of the master of the vessel and such master shall exhibit the same to any authorised officer who demands to see the same. 13. Where any ofTence is alleged to have been committed against the Act or any Regulations made thereunder the owner of any licensed fishine vessel shall furnish on demand to the authorised officer the name and address of the master of his vessel on any specified occasion. 14. The owner of a licensed fishing vessel shall keep the vessel in a clean and sanitary condition and shall keep the licence number or plate of such vessel clean and clearly visible to the satisfaction of the Director General. 15. (I) The owner of every licensed fishing vessel shall forthwith report to · the Director General any change of address, sale, breaking up or loss of the vessel, collision or serious damage through collision or otherwise, or the laying up of such vessel for repairs. The licence of such vessel and the number plate shall be produced to the Director General at the same time. (2) The owner of any licensed fishing vessel not intending to renew his vessel licence shall, within one week of the date of expiry thereof, notify the Director General in writing of such intention and give the location of the vessel. 0) The Director General shall at his discretion cause the register of licence to be closed for any licence which have not hc:cn ~w.ed for more than one year. Duty to inform ,ny ch•nae of ownenhip o( v-ccscl. Numbcrina and markin11 or vessel.. Delivo,y of liccnco. Licence to be kept on board. Owner to furnish name on demand. Fuhin11 veuci and licence pi.ate 10 be kopt clean. Report of chango. Jon. d~mago. etc. 10 the Di.rector General. P.U. (A) 567. 2652 Do,uha, aocidcau and article,a ldt In vnscl. I. im.iu ·within ,.hich fultlna vessel may ply. ri.shw¥ vessel not to C.UTY pusca~rs or careo, Mannln~. Sciz.urc or local licaucd fhh4na vessel. Lo.. o[ licence. Penalty. 16. The owner or master of every licensed fishing vessel shall immediately report to the fisheries officer or the nearest police station any death or accident caused by his vessel or of a member of the crew in his vessel and shall deposit any article left in his vessel at the nearest police station. 17. No fishing vessel shall ply or go beyond the limits (if any) specified in the licence issued for the operation of a fishing appliance, fishing stake or marine culture system. 18. No licensed fishing vessel shall carry passengers or cargo. 19. Every licensed fishin2 vessel when under way shall be adequately manned to the -satisfaction of the Director General. 20. When an authorised officer is unable after due enquiry to find the owntr of a licensed local fishing vessel he may seize such vessel. 21. In the event of loss or destruction of a fishing vessel licence the owner shall forthwith report such loss or destruction to the Director General or to the nearest police station. On production of a certified copy of such a report or a statutory declaration affirming such loss or destruction, the Director General shall. if he is satisfied as to the validity of the report, issue a copy of the licence on payment of the full fees. 22. Any person who contravenes or fails to comply with the provisions of these Regulation shall be guilty of an offence and on conviction shall be liable to a fine not exceeding one thousand ringgit. SctU!DULE (Regulation 7) LICENCE FEES FOR LOCAL FISHING VESSEL (I) Horsepower Non powered Out board In Board: Unda 10 hp .... IO and under 20 hp. 20 and under 30 hp. 30-40 40-50 50-75 75-100 100-125 $ (2) Fees 1.00 2.00 3.00 5.00 10.00 12.50 15.00 20.00 25.00 30.00 125-150 .. . 150-175 .. . 175-200 .. . 200-250 .. . ln addition: 2653 (I) Horsepower P.U. (A) 567-568. (2) F= 535.00 40.00 45.00 70.00 (a) 525.00 in respect of each additional 50 hp. or part thereof; (b) a fee of 51.00 shall be paid in respect of. I pair of licence plate issued. Made the 27th December 1985. i BUU/PRK/4 Jld. 5: PN. (PU2) 160ilfl.] ANWAR BIN IBRAHIM. Minister of Agriculture