Departure and Arrival of Mechanized Fishing Boats Regulations, No. 1 of 2023

w;s úfYI wxl 2319$20 - 2023 fmnrjdß ui 13 jeks i`ÿod - 2023'02'13 No. 2319/20 - MoNday, FeBRuaRy 13, 2023 EXTRAORDINARY Y%S ,xld m%cd;dka;%sl iudcjd§ ckrcfha .eiÜ m;%h The Gazette of the Democratic Socialist Republic of Sri Lanka (Published by Authority) PART I : SECTION (I) — GENERAL Government Notifications 1a- PG 6215 - 2606 (02/2023) This Gazette Extraordinary can be downloaded from www.documents.gov.lk L.D.-B 1/2012 (V) ThE fIShERIES AND AquATIC RESOuRCES ACT, No. 2 Of 1996 ReGuLaTIoNS made by the Minister of Fisheries under Section 61 of Fisheries and aquatic Resources act, No. 2 of 1996. Douglas DevananDa, Minister of Fisheries. Colombo, 1st of February, 2023. Regulations 1. These regulations may be cited as departure and arrival of Mechanized Fishing Boats Regulations, No. 1 of 2023. 2. These regulations shall apply to any mechanized fishing boat registered under the Registration of Fishing Boats Regulations, 1980, published in Gazette Extraordinary No. 109 of October 03, 1980 engaged in fishing operations in Sri Lanka Waters or in the High Seas. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2023'02'13 Part I : Sec. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 13.02.2023 2a 3. unless under the authority of a valid permit issed by the director-General for departure and arrival of a mechanized fishing boat specified in these regulations a person or an organization shall not operate any mechanized fishing boat for fishing either in Sri Lanka Waters or in the High Seas. 4. (1) Every owner of a mechanized fishing boat who seeks to obtain a permit for departure and arrival of such boat in respect of fishing in Sri Lanka Waters or in the High Seas shall submit an application to the Director-General or any other officer authorized by him, substantially in the form set out in Schedule I hereto. (2) The director-General may, subject to the provisions of the Fisheries and aquatic Resources act, No. 2 of 1996 and the regulations made thereunder and upon being satisfied of the fulfillment by the applicant of the requirements specified in these regulations, issue to the applicant a departure permit substantially in the form set out in Schedule II hereto and an arrival permit substantially in the form set out in Schedule III hereto. (3) The permits issued under sub-regulation (2) of this regulation shall be obtained for each departure and arrival of the relevant mechanized fishing boat. (4) Submission of the application under sub-regulation (1) of this regulation and the issue of the permits under sub-regulation (2) of this regulation can be made by electronic means through the official website of the Department of Fisheries and aquatic Resources. (5) The director-General may suspend, cancel or revoke the issued under these regulations if it is proved to the satisfaction of the Director-General that the requirements specified in these regulations have not been complied with. (6) The permits issued under these regulations shall not be transferable and every permit holder shall notify the director-General and obtain his approval in writing for the following: (a) change of the permit holder; (b) change of skipper or any crew member of the relevant boat; (c) change of any information provided by the permit holder; or (d) change of any facility, equipment or procedure in relation to the boat, which has been approved by the director-General. (7) every permit holder shall abide by the terms and conditions set out in Schedule IV hereto pertaining to the crew members and use of identification devices. (8) The requirements specified in regulation 4 or any privilege granted to the permit holder under such permit may be amended, from time to time, if the director-General considers it expedient in the interest of tne safety, regularity or efficiency of service provided by the permit holder or in the interest of national security. 5. For the purpose of these regelations – “director-General” means the director-General of Fisheries and aquatic Resources appointed under section 2 of the Fisheries and aquatic Resources act, No. 2 of 1996; “electronic” shall have the same meaning assigned to it by the electronic Transactions act, No. 19 of 2006; “High Seas” shall have the same meaning assigned to it by the Fisheries and aquatic Resources act, No. 2 of 1996; “official website” of the Department of Fisheries and Aquatic Resources means the website “www.fisheriesdept. gov.lk”; and “Sri Lanke Waters” shall have the same meaning assighed to it by the Fisheries and aquatic Resources act, No. 2 of 1996. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2023'02'13 Part I : Sec. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 13.02.2023 3a ,[Regulation 4(1), I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2023'02'13 Part I : Sec. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 13.02.2023 4a I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2023'02'13 Part I : Sec. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 13.02.2023 5a (Sri Lanka Waters) (High Seas) I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2023'02'13 Part I : Sec. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 13.02.2023 6a dgdfar@gmail.com I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2023'02'13 Part I : Sec. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 13.02.2023 7a I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2023'02'13 Part I : Sec. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 13.02.2023 8a dgdfar@gmail.com I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2023'02'13 Part I : Sec. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 13.02.2023 9a SCHeduLe IV [Regulation 4(7)] TERmS AND CONDITIONS fOR CREw mEmBERS 1. Every permit holder shall ensure that all crew members specified in item 8 of the departure permit set out in Schedule II hereto have a valid life insurance coverage issued by an insurance company recommended by the Department of Fisheries and Aquatic Resources before each departure of the relevant mechanized fishing boat. 2. Every such crew member shall be on board at the time of departure and arrival of the relevant mechanized fishing boat. 3. Crew members shall not be exchanged from or transferred to a local or foreign fishing boat after the departure of the relevant mechanized fishing boat unless in a situation where any crew member needs a medical or other assistance or in case of any similar emergency and in such a situation the crew member can be transferred to another fishing boat by prior notice to the Department of Fisheries and Aquatic Resources via Single Side Band (SSB) radio communication. TERmS AND CONDITIONS ON ThE uSE Of IDENTIfICATION DEVICES 1. (1) Every permit holder shall ensure that the relevant mechanized fishing boat is equipped with an Automatic Identification System (AIS) configured with Maritime Mobile Service Identity (MMSI) number for the buoys to mark the fishing gear and such devices are configured in compliance with the proviaions of the Act and any regulation made thereunder and in accordance with the directions given by the department of Fisheries and aquatic Resources and the Telecommunication and Regulatory Commission established under the Sri Lanka Telecommunications act, No. 25 of 1991. (2) unless the aforesaid procedure is adhered to the permit holder shall not be permitted to depart the relevant mechanized fishing boat for fishing either in Sri Lanka Waters or in the High Seas. eoG 02 - 0138 PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA.