Freshwater Fisheries Law (Law No. 1/91, 1991)

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FRESHWATER FISHERIES LAW
State Law and Order Restoration Council Law No. 1/91
(4 March 1991)

The State Law and Order Restoration Council hereby enacts the following Law:

CHAPTER I
TITLE AND DEFINITION

1.    This Law shall be called the Freshwater Fisheries Law.

2.    The following expressions contained in this Law shall have the meaning given hereunder:

1. Minister means the Minister for the Ministry of Livestock Breeding and Fisheries;
2. Department means the Department of Fisheries;
3. Director General means the Director General of the Department of Fisheries;
4. Officer-in-charge of the Department means the State Divisional, Township Zone or Township Officer-in-charge of the Department of Fisheries;
5. Freshwater Fisheries Waters means waters, pond, course, river, stream and lake which is of a permanent or temporary nature and in which fish live and thrive and which is situated within the inland boundary along the sea coast of Myanmar. This expression also includes a lessable fishery, reserved fishery, fisheries waters in which rights of fishery are permitted under a licence, reservoirs, waters in an area belonging to any Government department, inland tidal places, waters on an island, crocodile nets and turtle banks in which crocodile and turtle lay their eggs and brackish waters. Furthermore, waters on the inland-side of the straight line drawn from one extreme end of one bank to the extreme end of the other bank of the river mouths and creek mouths contiguous to the sea are freshwater fisheries waters;
6. Fish means all aquatic organisms living the whole or a part of their life cycles in the water, their spawns, larvae, frys and seeds. This expression also includes aquatic plants, their seedlings and seeds;
7. Fishery means carrying out operations relating to fish for the purpose of systematic management, production on a commercial scale, conservation and for development. This expression also includes operations such as fishing, collecting, aquaculturing, exploring, research, stocking, propagating, processing, transporting, storing and marketing;
8. Fishing means catching, collecting, attracting, pursuing, stupefying and killing of fish. This expression also includes works in support of and preparatory to fishing operations;
9. Fishing Implement means things and equipment used in fishing;
10. Fishing Vessel means any vessel engaged in fishing. This expression also includes vessels carrying out fishing operation and crafts in support of the fishing vessel;
11. Leasable Fishery means fisheries waters in which fishing rights are granted under a lease by the Department, subject to stipulations relating to the area, specie, fishing implement, period and fishing method etcetera;
12. Reserved Fishery means fisheries waters in which fishing operation are prohibited from time to time or in which fishing rights are granted subject to stipulations by the Department, in order to prevent the extinction of fish and to propagate the same;
13. Fisheries Waters in which Fishing Rights are granted under a Licence means fisheries waters in which fishing rights are permitted by issue of fishing implement licence or by floating tenders after specifying the fishing ground or in any other manner in other freshwater fisheries waters, with the exception of places specified by the Department as a leasable fishery or a reserved fishery;
14. Lease means a lease issued by the Department for operating a fishery in any leasable fishery;
15. Licence means a licence issued by the Department for operating a fishery in any freshwater fisheries waters with the exception of a leasable fishery;
16. Refund means fees and duties which should be refunded in respect of the remaining portion of the fishery season, out of the fees and duties paid by the lessor or the tender licensee, if permission to operate a fishery is suspended or revoked in the interest of the State or if the production of fish has suffered reverses due to natural disaster or to any other valid cause, but not for violation of the term of the lease or tender licence;
17. Person who has obtained Permission to Operate a Fishery means a person who has obtained a lease, tender licence or fishing implement licence issued by the Department.

CHAPTER II
OBJECTIVES

3.    Freshwater fishery shall be carried out in accordance with the following objectives:

1. to further develop the fisheries;
2. to prevent the extinction of fish;
3. to safeguard and prevent the destruction of freshwater fisheries waters;
4. to obtain duties and fees payable to the State;
5. to manage the fisheries and to take action in accordance with the Law.

CHAPTER III
APPLICATION FOR LEASE AND LICENCE AND ISSUE THEREOF

4.    A person desirous of operating a fishery in any leasable fishery shall purchase by a system of competitive bidding in an auction in the manners prescribed.

5.    A person desirous of operating a fishery in any freshwater fisheries other than a leasable fishery shall operate in the manners prescribed by payment of the fishing implement licence fee or in the case of a floated tender by obtaining a licence after submitting a sealed tender price.

6.    In a case of selling a leasable fishery by auction and in a case of granting a tender licence in any freshwater fisheries waters, the Township Zone Officer-in-charge concerned shall sell by the auction or grant a tender licence in the manners prescribed.

7.    In a case of selling a leasable fishery by auction and in a case of granting a tender licence, the Township Zone Officer-in-charge shall obtain the approval of the State or Divisional Officer-in-charge concerned.

8.    After obtaining the approval under section 7, the Township Zone Officer-in-charge shall issue a lease or a tender licence.

9.    If an application is made to operate a fishery with any type of fishing implement in any freshwater fisheries waters, other than a case of granting a lease or a tender licence the Township Officer-in-charge, may issue a fishing implement licence in the manners prescribed.

CHAPTER IV
APPLICATION FOR PERMISSION TO OPERATE A FISHERY
IN FOREIGN CURRENCY AND PERMISSION THERETO

10.    Upon application by the following persons desirous of operating a fishery in the manners prescribed, the Director General may, with the approval of the Minister grant a lease or a tender licence:

1. a foreigner residing abroad who is desirous of operating a fishery in foreign currency;
2. any person or any organization desirous of operating with foreign capital in accordance with the Union of Myanmar Foreign Investment Law.

1. shall determine the fishery rent, tender fee and licence fee in foreign currency;
2. may stipulate the terms and condition as may be necessary.

1. paying the fishery rent, tender fee and licence fee due;
2. abiding by the terms and conditions of the lease or licence;
3. abiding by the existing laws of Myanmar.

CHAPTER V
PAYMENT OF FISHERY RENT, TENDER FEE AND LICENCE FEE

13.    A person who has purchased the leasable fishery by auction shall pay the fishery rent which is the auction fee and a person who has been granted a tender licence shall pay the tender fee and licence fee in full on a cash down basis.

14.    The Director General may permit the payment of fishery rent by instalment as prescribed in respect of leasable fisheries in remote areas.

15.    A person who has obtained a fishing implement licence in any freshwater fisheries waters other than a leasable fishery shall pay the licence fee due in full on a cash down basis.

16.    In a case were the fishery rent is permitted to be paid by instalment under section 14, a person who has failed to do so shall pay the fishery rent due and also fine as may be prescribed.

17.    The Director General may exempt the payment of fishery rent, tender fee and licence fee in respect of the following operations:

1. fishery research conducted with the permission of the Department;
2. fishery operated by any Government department or any Government organization not as an economic enterprise, but for the consumption of the employees of its department or organization.

CHAPTER VI
DUTIES AND RIGHTS OF A PERSON WHO HAS OBTAINED PERMISSION
TO OPERATE A FISHERY

18.    The duties of a person who has obtained permission to operate a fishery are as follows:

1. payment in full of the fishery rent, tender fee and licence fee due;
2. abiding by the terms and conditions of the lease or licence and directives issued by the Department;
3. carrying out free of charge in fishery research conducted with the permission of the Department.

1. being entitled to operate the fishery in accordance with the terms and conditions of the lease or licence;
2. being entitled to apply for refund.

CHAPTER VII
POWERS OF THE MINISTER

20.    The minister may, under this Law carry out the following in respect of the permission to operate a fishery, when necessary in the interest of the State:

1. granting permission to operate a fishery in any freshwater fisheries waters under a lease or a tender licence;
2. suspending, revoking or cancelling any lease or tender licence;
3. passing any other reasonable order.

1. may exempt any fishery from any provision of this Law;
2. shall determine the amount of refund which the Director General, State, Divisional or Township Zone Officer-in-charge is entitled to make.

CHAPTER VIII
DUTIES AND POWERS OF THE DIRECTOR GENERAL

22.    The duties of the Director General are as follows:

1. managing and supervising the fisheries in order to implement the objectives contained in section 3;
2. determining the rates of licence fee according to the type of fishing implement;
3. determining the prohibited species of fish, size, fishing season, place, fishing implement and method of fishing;
4. determining the duties and powers of the Officers-in-charge of the Department.

1. permitting payment by instalment of fishery rent in respect of leasable fisheries in remote areas and determing the instalment period and rates;
2. classifying, altering or cancelling fisheries waters in which a leasable fishery, reserved fishery or a fishery permitted to be operated under a licence is permitted;
3. directing the grant of lease to be continued with a limit on the term to a person who has purchased by auction any leasable fishery, if there is sufficient reason;
4. if it is found that any lease or tender licence has been obtained in an improper manner, cancelling such lease or tender licence.

1. suspending, revoking or cancelling the lease or tender licence;
2. confiscating, disposing of or administering as may be appropriate the fishing vessel, fishing implements, fish and other exhibits;
3. returning to the person who has obtained permission to operate the fishery or to the owner, on furnishing sufficient security, the fishing vessel and fishing implements or permitting the resumption of the operation;
4. permitting the person who has obtained permission to operate the fishery or the owner to redeem the fishing vessel and fishing implements on payment of appropriate fine;
5. causing the proceeds of the sale and the fines to be deposited in the bank.

CHAPTER IX
APPLICATION FOR REFUND

25.    If any of the following events occur, a person who has obtained a lease or a person who has been granted a tender licence may apply for refund to the Township Zone Officer-in-charge concerned in accordance with the manner prescribed:

1. having had the lease or tender licence suspended or revoked in the interest of the State;
2. having suffered reverses in the production of fish due to natural disaster or any other valid cause.

27.    If the Director General, State, Divisional or Township Zone Officer-in-charge finds on investigation that the application made under section 25 is true and correct, he shall pass orders for the amount of refund to be made to the person who has obtained a lease or a person who has been granted a tender licence, entitled thereto, in accordance with the power conferred by the Minister under section 21 sub-section b.

28.    The Minister shall give a decision on applications for refund, the amount of which is beyond the pecuniary limit of the Director General and the State, Divisional or Township Zone Officer-in-charge.

29.    If an order is passed for the refund to be made under section 27 or section 28, the Township Zone Officer-in-charge concerned shall make a refund in accordance with the procedures to the person who has obtained a lease or the person who has been granted a tender licence.

CHAPTER X
INVALIDATION OF PERMISSION TO OPERATE A FISHERY

30.    When any of the following events occur, permission to operate a fishery is invalidated:

1. expiry of the term permitted;
2. revocation or cancellation of the lease tender licence or fishing implement licence;
3. the Officer-in-charge of the Department finding on investigation that the fishery has been abandoned;
4. surrender of the lease, tender licence or fishing implement licence by the person who has been permitted to operate a fishery when he desires to discontinue his operation.

CHAPTER XI
APPEALS

31.

1. If dissatisfied with an order or decision passed by the Township Officer-in-charge in respect of a fishing implement licence, an appeal may be filed with the Township Zone Officer-in-charge within 30 days of the receipt of such order or decision;
2. The Township Zone Officer-in-charge may confirm, set aside or alter the order or decision passed by the Township Officer-in-charge;
3. If dissatisfied with an order or decision passed by a Township Zone Officer-in-charge under sub-section b, an appeal may be filed with the State or Divisional Officer-in-charge concerned within 30 days of the receipt of such order or decision;
4. In an appeal filed under sub-section c, the State or Divisional Officer-in-charge may confirm, set aside or alter the order or decision passed by the Township Zone Officer-in-charge. No further appeal shall lie on the order or decision passed by the State or Divisional Officer-in-charge.

1. If dissatisfied with an order or decision passed by the Township Zone, State or Divisional Officer-in-charge in respect of a lease, tender licence or administrative matter concerning a fishery, an appeal may be filed with the Director General within 30 days of the receipt of such order or decision;
2. The Director General may confirm, set aside or alter the order or decision passed by the Township Zone Officer-in-charge under sub-section a;
3. No further appeal shall lie if the order or decision passed by the Director General under sub-section b covers any of the following matter:

1. administrative matter concerning a fishery;
2. a lease or a tender licence to the value of up to kyats 300,000;

4. If dissatisfied with an order or decision passed by the Director General concerning a lease or tender licence to the value of over kyats 300,000, an appeal may be filed with the Minister within 30 days of the receipt of such decision or order;
5. The decision of the Minister in respect of the matter contained in sub-section d shall be final and conclusive.

CHAPTER XII
PROHIBITIONS

33.    No one shall operate a fishery without a lease, licence or permission issued under this Law.

34.    No one shall do the following in any freshwater fisheries waters:

1. catching fish or causing mischief with explosive substance, poison, chemicals and dangerous material of a like nature;
2. catching fish by a prohibited method and fishing implement;
3. catching fish of a prohibited species and size;
4. catching fish during a prohibited period and at a prohibited place.

36.    No one shall erect, construct, place, maintain or use any obstruction such as a dam, bank or weir in a freshwater fisheries waters without the permission of the Department.

37.    A person who has obtained permission to operate a fishery shall not violate any condition contained in a lease, tender licence or fishing implement licence.

38.    No one shall do the following within the boundary of a fishery or fishery creek:

1. cutting undergrowth or setting on fire habitate of fish;
2. impairing the natural condition of a fishery so as to disrupt the flow of water in the main fishery.

40.    No one shall cause harassment of fish and other aquatic organisms or pollution of the water in a freshwater fisheries waters.

41.    No on shall alter the quality of water, volume of water or the water-course in a leasable fishery, reserved fishery and creeks contiguous thereto or in water-courses.

CHAPTER XIII
PENALTIES

42.    Whoever violates the provision of section 33 shall, on conviction:

1. if it is a case of operating a fishery without a fishing implement licence be punished with a fine which may extend to kyats 5,000 or with imprisonment for a term which may extend to 6 months or with both;
2. if it is a case of operating a fishery without a lease or a tender licence be punished with a fine which may extend to kyats 20,000 or with imprisonment for a term which may extend to 2 years or with both.

44.    If a person who has obtained a lease or who has been granted a tender licence or who has obtained a fishing implement licence violates the provision of section 37, he shall, on conviction:

1. if it is a case of violation of any condition of the fishing implement licence be punished with fine which may extend to kyats 3,000 or with imprisonment for a term which may extend to 3 months or with both;
2. if it is a case of violation of any condition of the lease or tender licence, be punished with fine which may extend to kyats 10,000 or with imprisonment for a term which may extend to 1 year or with both.

46.    Whoever abets, attempts or conspires in the commission of any offence under his Law shall be liable to the punishment provided in this Law for such offence.

47.    If a person convicted of any offence under this Law commits the same offence again, he shall be punished with twice the quantum of punishment prescribed.

CHAPTER XIV
MISCELLANEOUS

48.    The provision contained in section 403 sub-section (I) of the Code of Criminal procedure to the effect that any offence for which an order for conviction or acquittal has been passed shall not be tried again, shall not apply to action taken by the Director General under this Law.

49.    Notwithstanding anything contained in any other Law for the time being in force, an order passed by any court under this Law shall not affect any action taken by the Director General under this Law.

50.    Cases sent up for trial under this Law are prescribed as congnizable offences.

51.    The Officer-in-charge of the Department may, if necessary request the assistance of the People’s Police Force concerned in the discharge of his duties and powers.

52.    The granting of lease and licence and permission to operate a fishery in respect of the freshwater fisheries waters shall only be made by the Department.

53.    The Department shall, in consultation with the Government department concerned prepare maps demarcating the limits of the leasable fishery and reserved fishery.

54.    The fishery rent, tender fee, licence fee and fines due under this Law shall be recovered by the Officer-in-charge of the Department as if they were arrears of land revenue.

55.    No suit or prosecution shall lie against any public servant for anything which is done in good faith under this Law.

56.    The existing Fisheries Act, Rules and Directives made thereunder in respect of the freshwater fishery shall be in force only in so far as they are not inconsistent with this Law.

57.    For the purpose of carrying out the provisions of this Law, the Ministry concerned:

1. may, with the approval of the Government issue such procedures as may be necessary;
2. may issue such orders and directives as may be necessary.

(signed) Saw Maung
Senior General
Chairman, The State Law and Order Restoration Council

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last updated 1st August, 1998
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© 1998