Fisheries (Riverine) Rules, 1990

K .. P.U.19. 144 FISHERIES ACT 1985 (Act317) FISliE.'llES (RIVERINE) RULES, 1990 . .am. Is exercise of the powers conferred by section 38 of rhe Fisheries Acc. l 9S.5 (Acc-317) the Srate Authority hereby makes rhe following rules: Shon auc .. .., 1. These rules may beciced as rhe Fisheries (Riverine) Rules, 1990 :1nci .:Cff' .. ~• ::=.r. shall have application only in respect of fishing and fisheries in riverine w:m:rs and shall be deemed to have come into force on the 22.,c August 199 I. ., In these Rules. unless the conrext otherwise requires: "aquaculture'' has the same meaning assigned to it in section 2 of the Fisheries Act 1985 (Act 317); "electrical appliance" means any appliance in which an elecci:: current is used to srun. srupify or kill fish in riverine waters: "fishing" has the same meaning assigned to it in section 2 of the Fisheries Act 1985 (Act 317); "'fishing appliance" has the same meaning assigned to it in section 2 of the Fisheries Act 1985 (Act 317); "fishing stakes·• means any device, used for.the capture of fish, that is fixed permanently or impermanently in riverine waters which is made of poles and enclosed by ramie, rattan, nets, wire or other screening m:ueriais. so designed as co lead fish into such enclosure. "fish trap nee" means a fishing appliance made of whatever necring materials in the shape of a bag or cylindrical container attached to poies fixed permanently or impermanently in rhe riverbed set against the flow of the current for the purpose of catching fish; Aa:i 7. "Inland Fisheries Officer'' means an inland fisheries officer or a deputy fisheries officer appointed under s~tion 5 of the Fisheries Ac-... 1985 (Act 317); ''jigging" means catching or killing fish with a hook or hooks manipu lated in such a manner as to pierce and hook a fish in any part of the body other than me mouth; "mechanical appliance·· means any mechanical pump or other appii :ince used to purrip water our of riverihe waters: "riverine waters" has the same meaning assigned to it in section 2 of the Fisheries Act 1985 (Act 317) but shall exclude any man-made priva1e!y owned waters for rhe purposes of these Regulations. 145 k.7.P.C. 19. 3. 0) ~o person shall 1.aJ catch. collect or cause 10 be caught or be collected any tish: (b) · sec up, operated orpennic or cause co be operated any fishi.1g appliance; (c) have in his possession or on board a vessel any fishi..:7 appliance or part thereof: without a licence or permit issued under these rules by an In.la.,.: FISheries Officer. (2) The following methods of fishing are prohibited (i) Jigging; (ii", any fishing appliance that is pushed ortowed by a powered vessel and shall iriclu~ crawl nets, seine nets and crawl lines; (iii) use of poisons. explosive. and mech311ical or electric:, · appliances. (3) Any person who is found in possession offish which has b-:- 0 ~ captured with the aid of any explosive or poisonous substance and vi\: does not give a satisfactory accout as to how he came to be in possession thereof. shall be guilty of an offence. (4) No person shall catch, kill or have in his possession the speci~, of fish prescribed in the Second Schedule hereto unless pennitte.: :.:. writing by an Inland Fisheries Officer. 4. ( l) Appl~cation for a lii;ence in respec~ of fjshmg appliance shall 1:-= made in writing to the Inland Fisheries Officer who may issue-the licenc~ aforesaid or reject the application and every application shall contain such particulars as the Inland Fisheries Officer may require. (2) Before issuing a licence to operate any fishing stakes or fish crap net, the Inland Fisheries Officer may. first satisfy h,imselfby a survey· t:ha: the fishing stakes or fish trap net, in respect o~ which the said licence was applied for. has been set up i~ accordruice with the tenns and conditions of the permit issued under Rule 9(2) of these Rules. (3) (a) Any licence or permit issued under.these rules shal" subject co such terms and conditions as the.Inland Fisheries Officer r .. i.. deem fit. K. P.U.19. 146 Uccruin! fee. Display oi licence numccr. Inland Fisl>erics Officer 10 dai:nrliM <llenwnbtt oflicencc issued. Oisana: foropera. uon. (b) An Wand Fisheries Officer may vary the terms and condi tions specified in a licence or permit. ( 4) No fishing appliance shall be operated at such a place or in such a manner as to obstruct or cause danger to navigation or to cause erosion or flooding. (5) Any person who contravenes any of the conditions of the afore said licence shall be deemed to have acted ·contrary co the provisions of these Rules. 5. There shall be payable in respect of the fishing appliance specified in the first column of the First Schedule hereto, the fees specified in the second column of the said Schedule. 6. A fishing stakes or fish trap net licensed under these Rules shall be identified by such a number to be allowed by an Inland Fisheries Officer and the. licensee shall at all times display his licence number in a conspicuous position on the fishing stakes or fish trap net (the lenering of which must not be less than six inches high). 7. The Inland Fisheries Officer may determine the number of licences which may be issued in any one year in respect of fishing appliances. 8. Subject to the terms -and conditions as specified by the Inland Fisheries Officer. no person shall operate or permit or cause to be operated any fishing stakes or fish trap net in a river within a distance offifty metres in from of or behind another fishing stakes or fish trap net licensed under these Rules. ~11:!'uon. 9. (1) Any person wishing to set up any fishing stakes or fish trap net ~r~;u• shall make an application in writing in that behalf to an Inland Fisheries stwS- Officer, specifying in such application the type and site of the fishing stakes or fj.sh trap net proposed to be set up and, if so required by the Inland Fisheries Officer, furnishing the plan of the ·said site. (2) On an application being made as aforesaid, the Inland Fisheries Officer shall survey the site specified in the application or in the plan furnished, if any, and shall, ifhe is satisfied that setting up of the fishing stakes or fish trap net aforesaid will not contravene any of the provisions of these rules. issue a pennit subject to such terms and conditions he may deem fit, or in any other case reject the application. :=1; l 0. The Inland Fisheries Officer may refuse to issue orrenew any licence ;::=:a or under these rules or may revoke or suspend for such period as he thinks oflkence. fit, any licence issued under these rules where he is satisfied that it is necessary to do so for the proper management of any particular fishery or where there has been a breach of any provisions of these rules or any of the conditions of the licence. l l. (1) When the Inland Fisheries Officer refuses to grant or renew any licence under these Rules or suspends or revokes any licence under these Rules he shall inform the applicant to that effect by notice in writing and shall, in each case, specify in such notice the grounds on which such refusal, suspension or revocation has been made and shall notify the 147 K. -P.U.19. applic.anc that may appeal against such refusal. suspension or revocation to the Stace Authority. (2) Any applic:mt whose application for a licence is refused or whose application for renewal is refused or whose licence is suspended or revoked. may, within one month of the notice being served on him in accordance with subrule (1), appeal in writing to the State Authority stating the grounds of appeal relied upon concisely. (3) The decision of the State Authority upon any appeal under this rule shall be final and conclusive. Such decisiion shall be conveyed in writing to the aggrieved pany. 12. (1) Any licence issued under these rules shall. unless suspended or revoked or unless otherwise specified in such licence, be valid for a period ofnoc more than one year and shall expire on the 31st December of the year in which it is issued; (2) Any Licence issued under these rules in respect of a fishing appliance shall be valid for that particular type of fishing appliance and shall not be used for any other type of fishing appliance. (3) Any licence or permic in respect of a fishing appliance shall be issued in the name of the applicant for such licence or permit and shall not be transferable. (4) Any person who uses any licence or permit in the name of any other person under these rules shall be guilty of an offence. 13. (l)Any person who ceases co operate any fishing appliance shall remove such appliance and any poles, anchors, floats and any other ancillary apparatus used in the operation of such appliance forthwith or within such time as an Inland Fisheries Officer may direct (2) The failure of any person aforesaid to comply with the direction of the Inland Fisheries Officer or with the provisions of these rules. shall be an offence. (3) The owner of any fishing stakes or fish trap net who ceases to operate the fishing stakes or fish trap· net shall. within one week of the date of expiry of the licence, notify the Inland Fisheries Officer in writing. (4) No person shall remove any fishing stakes or fish trap net under subrule (1) except under the supervision.of an In.land Fisheries Officer. 14. The Inland Fisheries Officer may remove or destroy or cause co be removed or destroyed any fishing appliance placed or erected contrary to the provision of these rules,. and no person shall 'have any claim to compensation in respect of any fishing appliance so removed or destroyed. Dunaoa oOicenc:. :,lo~ -·"' -..!or dcsa,,a,oa ofanyfiJiunc ~ K. P.U.19. 148 !t'~!~ 15. The Inland Fisheries Officer may without cbmpensation revoke any licence issued under these rules on breach by the licensee of any conditions or restrictions to which the licence is subject to. 16. (1) The Inland Fisheries Officer may prescribe by public nocice closed seasons for fishing for certain species of fish, for the purpose of management or conservation. (2) Any person round catching, killing or possessing any species of fish prescribed in subrule (I) during the closed season shall be guilty of an offence . • ~~,;'. 17. (1) The Inland Fisheries Officer may prescribed by public notice closed seasons for fishing in any designated area. (2) Any person found catching, killing or possessing any species or fish in the designated area prescribed in subrule ( l) shall be guiV)' of an offence . .;';\~'::'°" 18. (1) The Inland Fisheries Officer may prescribe by public notice the minimum size of any particular species of fish to be caught .. (2) Any person found catching, killing or possessing any fish of i size smaller than that prescribed under subrule (1) shall be guilty of an offence. §:!: 19. (1) The Inland Fisheries Officer may request any person engaged in an occupation relating to riverine fisheries to furnish data. statistics and information. (2) Failure to compiy. or the supply of false data. information or statistics shall be an offence. c.:!:ins 20. Fishes shall be landed at any place as specified in the licence. 11<3. Pena1iy. 21. Any person who commies an offence under these rules shall on conviction be liable to a fine not exceeding five thousand ringgit. r:r~ 22. ( 1) Any Inland Fisheries Officer can compound any offence under these rules for a sum or money not below one hundred ringgit except for offences under rules 3(2) and 3(3) where the compound rates shall not be less than five hundrea ringgit. (2) Where a fishing appliance is the subject matter of any offence .:om pounded under subruie ( I) such appliance may be forfeited and disposed of as directed by the Inland Fisheries Officer. (l) l. · Fishing Stakes 2. Seine Nee 3. Gill Net ... .l. Fishtrnp Nee 5. Barrier Nee 6. Others Scientific N'ames 149 FIRST SCHEDULE (Rule 5) LICENCE FEES (2) $20.00 per gear per annum $ 5.00 per gear per annum S 5.00 per gear per annum S 5.00 per gear per annum $ 5.00 per gear per annum $ 5.00 per gear per annum SECOND SCHEDULE (Rule 3(4)) PRoHIBmo SPECIES OF FtsH Local Names l.. Sclerophages formosus · 2. Probarbus jullieni Kelisa Temoleh Bertarikh pada 9 Mei 1991 bersamaan dengan 24 Syawal 1411. [PSU(K) 2455/1947 Ild. 2 Pendua: PUN(K) 32/90.J MIHAT BIN SHAARI, Setiausaha. Majlis Mesyuarat Kerajazr,. Negeri Kedah Darulaman K. P.C.19.