Ch090

Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-

STATE	TERRITORIAL SEA	FISHING ZONE	ECONOMIC ZONE
*Malaysia	12 mi (1969)	-	200 mi (1984)

Table B: -Licence fees, bilateral agreement or joint venture requirements and nationality criteria-

STATE	Licence fees, royalties and others local currency	Requirements concerning bilateral framework agreements or joint venture participation	Nationality criteria for fishing vessels
MALAYSIA	LEGISLATION -Permits subject to payment of sum specified by the director general. -Director General may also require payment of a sum for security for vessel activities. (Fisheries Act 1985, sect. 19) Licence fees (per gear per annum) for foreign-owned fishing boats and fishing boats not wholly owned by Malaysians: -for trawl nets used with engine boats 250 GT and above = RM 15 000 150 - 250 GT = RM11 000 100 - 150 GT = RM 8 000 70 - 100 GT = RM5 000 -for fish purse seine and anchovy purse seine nets used with engine boats same fees applicable. (Fisheries (Maritime) Regulations 1967 (Amendments 1987)	LEGISLATION International fishery agreement with flag state and fishing permit are both required. (Fisheries Act 1985. sect. 15)	LEGISLATION Local fishing vessel means any fishing vessel: -which is not registered outside Malaysia and which is wholly owned, (i) by natural persons who are citizens of Malaysia or; (ii) by a statutory corporation established under any of the laws of Malaysia or; (iii) by the Government of Malaysia or by a State of Malaysia or; (iv) by a body corporate or unincor-porate established in Malaysia, and wholly owned by any of the persons described in (i), (ii), (ii/) above; or which is chartered, sub-chartered, leased or sub-leased by any person, statutory corporation, government or body corporate described above. (Fisheries Act 1985, (Amendment 1993) sect. 2)

Table C: -Coastal State requirements for foreign fishing-

STATE	Foreign fishing vessel licence conditions (other than reporting requirements) including observers, bonds, etc.	Logbook, and reporting requirements foreign fishing
MALAYSIA	LEGISLATION -Every international Fishery Agreement (Access Agreement) to include commitment by contracting party's government to comply with or to ensure compliance of its fishing vessels with provisions of Fisheries Act. (Sect. 17) -Application for foreign fishing permit to be made to director general through Malaysian agent, who is to assume legal and financial responsibility for vessel activities. (Sect. 19) -The director general may require payment of security (bond), which may be utilized to defray costs of fines or claims resulting from vessel activities. -Licence conditions that the director general may impose include: authorized areas and periods; species, age, weight, quantity of fish to be retained on board, landed or transhipped; methods of fishing; types, numbers, etc. of gear and mode of stowage; transfer, transhipment, landing and processing of fish; entry into ports for inspection or other purposes; conduct of research, sampling, etc.; training and employment of Malaysians; keeping and displaying of permit of board; permanent marking of vessel; compliance with directions of Government craft, placing of observers; installation of transponders and navigational equipment, charts, etc.; protection of local fisheries and compensation for loss or damage; landing of all or part of catch in Malaysia; composition and nationality of crew; inspection of vessel and seaworthiness; fees, royalties, and other payments. (Sect. 19) Controls over transit by unlicensed vessels: -Foreign fishing vessel may enter Malaysian fisheries waters for purpose of exercising right of innocent passage in course of voyage to destination outside Malaysian waters; passage includes stopping and anchoring only if vessel is in distress, for purpose of obtaining emergency medical assistance or to render assistance to persons, ship, etc. in danger or distress. -Master entering Malaysian waters for such purposes to notify by radio of entry. -While in Malaysian waters, vessel to observe stowage of gear regulations, and to return to outside waters as soon as purpose of entry is fulfilled. (Sect. 16) (Fisheries Act, 1985. as amended in 1993) -Trawl licences are not issued to any foreign-owned fishing boat or to fishing boats not wholly owned by Malaysians which are of less than 70 gross tonnage. A licensed fishing boat can only use the gear for which a licence has been issued. (Fisheries (Maritime) Regulations 1967 (Amendment) 1987)	LEGISLATION Permit conditions that may be imposed by director general include statistical and reporting requirements (catch and position) and requirement of maintenance of logbook and sales records. (Fisheries Act, 1985, sect. 19) Controls over transit by unlicensed vessels -Master of foreign fishing vessel entering Malaysian fisheries waters, for purpose of passage through such waters in the course of a voyage to a destination outside such waters, is to notify an authorized officer by radio, telex or facsimile in English or Malay, giving name, flag state, location, route and destination of vessel, types and amounts of fish on board, and circumstances under which entering Malaysian fisheries waters. (Sect. 16) -Any fish or fishing gear found on board a foreign fishing vessel in Malaysian fishery waters is presumed to have been caught or used in those waters without a permit. -Radio call before entry into waters notifying that vessel is exercising right of innocent passage, stating route and quantity of fish on board, and showing proof that fish is held in sealed hold, gear is properly stowed, and vessel is travelling through waters by shortest practicable route. (Sect. 56) (Fisheries Act. 1985. Amendment 1993)

Table D: -Compliance control and reporting conditions-

- For key to alphabetical code see page preceding this table.
- Numbers represent periodicity of reports(in days / hours) or deadlines For submission of reports; W = weekly; D = daily; M = monthly; R = on request .
% = Reports must be made every 3 days for vessels from Norway, Sweden and Faroes when fishing for herring, weekly when fishing for other species .
O = Logbook to be filled out(radio report to be made) after every fishing operation .
* = Country is a part to the South Pacific FFA arrangement which stipulates that licences will not be issued to foreign fishing vessels unless those vessels are listed in good standing on the FFA - maintained regional register of fishing vessels .

COMPLIANCE CONTROL AND OTHER CONDITIONS

A . Vessel to bear specified identification markings
B . Licence / permit to be carried on board
C . Vessel to board observers as required
D . Vessel to submit fishing plan
E . Vessel to put in for port inspections on entry / departure from zone
F . Vessel to carry specified position fixing equipment / transponders
G . Vessel owners to appoint local legal agents
H . Flag state to appoint national representative
I . Vessel to post performance bond / guarantee / deposit
J . Vessel to carry interpreters
K . Vessel to Seek prior authorization for transhipments
L . Vessel to stow gear while in area where not authorized to fish
M . Requirements concerning local landing / processing of catch
N . Requirements concerning protection of local fisheries / gear
O . Requirements concerning employment / training of coastal state nationals in crew

REPORTING REQUIREMENTS

P . Reporting on or prior to entry into the zone
Q . Reporting on or prior to departure from the zone
R . Reporting on commencement or cessation of fishing operations
S . Reporting on or prior to entry into coastal state ports
T . Timely reporting on position
U . Timely reporting on catch and effort
V . Maintenance of fishing logs .
W . Submission of logbooks / catch reports : - on request / as required / at specified intervals
X . Submission of logbooks / catch reports : - on entry into port
Y . Submission of logbooks / catch reports : - on / after completion of voyage / end of permit
Z . Controls over transitting of zone by unlicensed foreign fishing vessels

COASTAL COUNTRIES

MALAYSIA

Table E: -Penalties for unauthorized foreign fishing-

STATE	FINES	IMPRISONMENT	FORFEITURE
MALAYSIA	Up to Ringgit 1 000 000 each for both owner and master, Ringgit 100 000 for each crew member	NO	Vessel, gear and catch: Court may order.

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