Fisheries (Cockles Conservation and Culture) Regulations, 1964

105 MALA 65 (b) Fisheries (Cockles Conservation and Culture) Regulations, 1964 as amended In exercise of the powers conferred by section 2 of the Fisheries Act, 1963, the Yang di-Pertuan Agong hereby makes the following Regulations: Article 1. - Citation and application. - These Regulations may be cited as the Fisheries (Cockles Conservation and Culture) Regulations, 1964, and shall have application only with respect to maritime or estuarine waters. Article 2. - Interpretation. - In these Regulations unless the context otherwise requires: "cockles" means edible bi-valves of the type known as Kerang, Anadara granosa; "cultured cockle bed" means an area where cockles have been transplanted and allowed to grow under culture; "natural cockle bed" means an area where cockle spatfalls occur; "registered buyer" means a person registered under these Regulations as a buyer of cockles; "fishery officer" means a Maritime Fishery Officer and includes any Deputy Maritime Fishery Officer authorized in writing by the Director of Fisheries to issue licences under these Regulations. PART I - LICENCE TO TAKE COCKLES Article 3. - Licence for taking of cockles. - (1) No person shall take any cockles from a natural or cultured cockle bed except in accordance with a licence granted under this regulation. (2) Any person wishing to take cockles from a natural or cultured cockle bed may make a written application for a licence to a Fishery Officer who may in his discretion grant subject to such conditions as he may impose, such licence, or reject the application; and every application shall contain such particulars as the Fishery Officer may require. (3) A licence granted under this regulation shall: (a) in respect of the taking of cockles from a natural bed be valid only for the period or periods provided in regulation 5; and (b) in respect of the taking of cockles from a cultured bed be valid until the 31st day of December of the year in which it is issued. 106 MALA 66 (4) A fee of one dollar shall be payable in respect of a licence aforesaid. Article 4. - Sale of cockles taken from a natural bed. - A person licensed under regulation 3 to take cockles from a natural cockle bed shall not sell any cockles so taken to any person other than a registered buyer. Article 5. - Taking of cockles from natural cockle beds. - (1) No person shall take (whether for the purpose of transplanting to a cultured cockle bed or for consumption) any cockles from any natural cockle bed except during the periods and for the purpose prescribed by a Fishery Officer by notice to be displayed at public places or at such places as he deems fit. (2) The public notice aforesaid may prescribe different periods and different purposes for which cockles may be taken. Article 6. - Sizes of cockles to be taken. - (1) No cockle which is less than 1/4 inch, measured in a straight line across the widest part of the shell, shall be taken for the purpose of transplanting to a cultured cockle bed. (2) No cockle which is less than 1.1/4 inches, measured in a straight line across the widest part of the shell shall be taken for consumption. Article 7. - Period during the day for taking cockles. - The period of the day during which cockles may be taken from a natural cockle bed shall be between six o'clock in the morning and six o'clock in the evening. Article 8. - Prohibition of the use of mechanical apparatus. - Save with the permission of a fishery officer, no person shall use any mechanical apparatus to take cockles from any cockle bed (whether natural or cultured). PART II - LICENCES FOR BUYING COCKLES Article 9. - No person other than a registered buyer may buy cockles. - No person other than a registered buyer shall buy any cockles directly from any person taking such cockles from any natural cockle bed. Article 10. - Registration of buyer. - (1) Any person may apply in writing to the Director of Fisheries to be registered as a buyer of cockles and the Director may subject to such conditions as he may impose so register such person and issue him with a licence in that behalf, or reject the application; and every application shall contain such particulars as the Director may require. (2) A registration and licence under this regulation shall unless sooner cancelled be valid for a year (ending on the 31st day of December) and may be renewed on an application in writing in that behalf being made to the Director. (3) A fee of two dollars shall be paybale in respect of a registration and licence aforesaid. lUI MALA 67 (4) Nothing in this regulation provided shall be taken to authorise a registered buyer to buy cockles which he has reason to believe have been taken from a natural cockle bed in contravention of the provisions of these Regulations. Article 11. - Breach of condition and of the provisions of these Regulations. A licence issued or a registration made under these Regulations shall be liable to cancellation upon there being committed in respect of such licence or registration a breach of any of the conditions imposed thereon or upon the person licensed or registered contravening any of the provisions of these Regulations. Article 12. - Revocation. - So much of the written laws (as amended from time to time) specified in the Schedule hereto as shall relate to cockles are revoked. SCHEDULE Reference F.M.S. Government Gazette Notification N° 5616 of 1938 F.M.S. Government Gazette Notification N° 300 of 1939 S.S. Government Gazette Notification N" 2034 of 1924 Federation of Malaya Government Gazette, Legislative Supplement (Subsidiary Legislation), Johore, L.N. 51 of 1952 Malayian Union Gazette Notification N° 8381 of 1947 Kedah Government Gazette Notification N° 711 of 1931 Title Fisheries Rules, 1938 Fisheries Rules, 1938 The Fisheries Ordinance, 1924 Rules Fishing Rules, 1952 Fisheries (Trengganu) Rules Enactment N° 40 (Fisheries) Rules for Fishing under section 6