The Fisheries Act 1985 (Akta Perikanan

1985)
Malaysian Act No 317

1
An Overview

2
The Fisheries Act 1985 (Malay: Akta Perikanan 1985) is a Malaysian federal act relating
to the administration and management of fisheries, including the conservation and
development of maritime and estuarine fishing and fisheries in Malaysia waters,
protection to aquatic mammals and turtles and riverine fishing in Malaysia and to
matters connected to establishment of marine parks and marine reserves.

The Director-General of Fisheries is the management authority and has absolute

powers in making conditions for permits related to fishery resources.

3
Basic Legislation
Malaysian fisheries are governed by the Fisheries Act No.317 (1985)
and its regulations. Inland fisheries and aquaculture regulations are
issued by State authorities, whereas marine fisheries and aquaculture
are a federal concern. Unfortunately, neither the Kedah State Fisheries
(Riverine) Rules (1990) nor the Perak State Fisheries (Riverine) Rules
(1992) make any provision on aquaculture .

4
Basic Legislation
The main fisheries authority at federal level is the Ministry of Agriculture
and Agro-based Industry (MOA). With regard to aquaculture, the
Director-General of Fisheries, head of the Fisheries Department, is
vested with orientation powers for the development of marine and
inland farming, in consultation with the concerned State Authority.

In particular, the promotion of inland aquaculture may involve the

creation of experimental aquaculture stations for demonstrative
purposes, fish-breeding facilities and training centres.

5
Basic Legislation
An important actor in the development of the national maritime policy
is the Maritime Institute of Malaysia (MIMA), a policy research institute
set-up by the Malaysian Government to specifically deal with national,
regional and global maritime issues.

The Freshwater Fisheries Research Centre operates within the Fisheries

Department of the Ministry of Agriculture, for the development of
freshwater aquaculture, and the conservation and management of
aquatic resources.

6
Fisheries Act 1985

Legal Definition Fisherman Association Act Fisherman Association Act

1971 1971
The federal Fisheries Act defines Aquaculture farmers' All Fishermen associations are
aquaculture as the propagation associations are formed registered with the Fisheries
of fish seed or the raising of fish according to the Fishermen's Development Authority of
through husbandry during the Associations Act (1971), for the Malaysia (LKIM), which
whole or part of its life cycle. promotion of economic and supervises and controls their
social interests of the group. activities.
Area associations may
federate into a State
association, and State
associations may create a
national confederation.
7
Fisheries Act 1985

International Arrangement International Arrangement International Arrangement

Association of Southeast Asian With regard to regional arrangements, As part of the Southeast Asian Fisheries
Nations (ASEAN), which promotes Malaysia has signed the Agreement on Development Centre (SEAFDEC), Malaysia
cooperation for the development the Network of Aquaculture Centres in participates not only in the several
of aquaculture through Asia and the Pacific (NACA) (1988) – Departmental Programmes on aquaculture,
the ASEAN Ministerial together with Australia, Bangladesh, but also in the SEAFDEC–ASEAN programmes,
Understanding on Fisheries Cambodia, China, Hong Kong, India, which include the promotion of mangrove-
Cooperation (1983) Korea, Myanmar, Nepal, Pakistan, friendly aquaculture and the regionalization of
Philippines, Sri Lanka, Thailand and Viet the Code of Conduct for Responsible Fisheries.
Nam.

8
Authorization system

The procedure to engage in marine aquaculture is established by the Fisheries (Marine Culture Systems)
Regulations (1990). As mentioned previously, issues relating to inland aquaculture pertain to the States'
regulatory power.

Pursuant to the 1990 Regulations, marine aquaculture is subject to a double authorization system: a permit to
set up the facilities, and a licence for their operation.

The whole procedure is managed by the Director-General of Fisheries.

9
Authorization system

A permit may only be issued if, after the Director-General’s investigation, the site’s location does not appear to
affect the development of fisheries. The granting of the permit is also subject to the payment of a deposit that
will be returned upon ceasing of operation. The content of the consequent application for the operation
licence is determined by the Director-General. An inspection is carried out to check compliance with the terms
and conditions of the permit.
The general terms and conditions of permits and licences are found in the Schedules to the Regulations.
Additional terms and conditions may be specifically established by the Director-General. Since the Regulation
does not specify any duration, licences are possibly continuing. However, a licence may be cancelled if the
farm is found not compliant with the terms and conditions, during an official inspection.

10
Authorization system

Also relevant to aquaculture is the Fisheries (Cockles Conservation and Culture) Regulations (2002), under which
a licensing procedure is established for the capture of cockles (Anadara) and cockle seeds. In particular, a
permit is required to take cockles and cockle seeds from cultured cockle beds. Two different application forms
are provided, depending on the capture method to be used.

No specific provisions were found on sea ranching.

11
Structure
Subtitle

12
The Fisheries Act 1985, in its current form (1 November 2012), consists of 11
Parts containing 62 sections and no schedule (including 2 amendments).

• Part I: Preliminary

• Part II: Administration

• Part III: Fisheries Plans

• Part IV: General Licensing Provisions

• Part V: Foreign Fishing Vessels

• Part VI: Offences

• Part VII: Turtles and Inland Fisheries

• Part VIII: Aquaculture

• Part IX: Marine Parks and Marine Reserves

• Part X: Enforcement
13
• Part XI: General Provisions
Authorization system
The Act entrusts to the State Authority or to the
Minister of the Federal Government (in case the
Federal Territories of Kuala Lumpur and Labuan
are involved) the power to make rules for the
proper conservation, development and
management of turtles. In particular, said rules
may be relevant to the following:
(a) promotion of aquaculture
(b) licensing of inland fisheries
(c) fishing vessels and fishing methods
(d) maximum allowable catch and processing methods
(e) closed seasons
(f) protected areas
(g) appointment of officers
(h) establishment of licensing procedures
(i) construction of waterworks that could create a
hazard to the natural environment
(j) offences and penalties.
14
Authorization system

Furthermore, the Minister may, by order in the

Gazette, establish marine parks and marine
reserves, in order

(a) to strengthen the protection of, and favour the

repopulation of aquatic flora and fauna
(b) to promote scientific study and research
(c) to regulate recreational and other activities in such
areas or part thereof to avoid irreversible damages
to the environment.

15
Authorization system

The Director-General of Fisheries shall coordinate

and supervise all matters relating to marine parks
and marine reserves in Malaysian waters.
The exercise of fishing activities in Malaysian waters is
subject to the issue of a licence.
Parts IV and V concern the issue, refusal to issue,
suspension or cancellation, and validity of the licence
for local and foreign fishing vessels, respectively. The Act
regulates also foreign fishing, with specific regard to
transhipment of fish and innocent passage through
Malaysian waters.
Part VI is devoted to offences and establishes the
relevant penalties and enforcement measures to be
applied.

16
Authorization system

The Director-General of Fisheries shall coordinate

and supervise all matters relating to marine parks
and marine reserves in Malaysian waters.
In order to promote the development and
management of inland fisheries, the State Authority
concerned shall:
(a) coordinate and conduct research
(b) manage aquaculture stations, fish-breeding stations
and training centres
(c) provide technical assistance to the authorities
concerned
(d) give advices on the prevention of fish diseases.

17
Authorization system

The Director-General of Fisheries shall coordinate

and supervise all matters relating to marine parks
and marine reserves in Malaysian waters.

To these ends, the State Authority or the Minister (in case

the Federal Territories of Kuala Lumpur and Labuan are
involved) shall regulate the proper conservation,
development, and management of inland fisheries.
Specific provisions are made for the protection of turtles,
for the promotion of aquaculture and the establishment
of marine parks or marine reserves.
Part X concerns enforcement measures to be taken by
the authorized officer in case an offence has been
committed (e.g., powers of entry, seizure of vessels, fish
or equipment, arrest).

18
THANK YOU

19