A legal study on Fisheries Act 1985 in addressing the issue of illegal fishing in Malaysian maritime zone / Mohamad Raimi Mohamad Nor

The fisheries sector plays a crucial role as a contributor to protein sources, to Gross Domestic Product (GDP), employment, and development of upstream and downstream fishery-based industries. The weaknesses of the Fisheries Act 1985 and regulations that cannot convict the converted cargo vessel inv...

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Main Author:	Mohamad Nor, Mohamad Raimi
Format:	Thesis
Language:	English
Published:	2018
Subjects:	Fisheries
Online Access:	https://ir.uitm.edu.my/id/eprint/21679/1/21679.pdf
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id	my-uitm-ir.21679
record_format	uketd_dc
spelling	my-uitm-ir.216792022-03-08T03:50:21Z A legal study on Fisheries Act 1985 in addressing the issue of illegal fishing in Malaysian maritime zone / Mohamad Raimi Mohamad Nor 2018 Mohamad Nor, Mohamad Raimi Fisheries The fisheries sector plays a crucial role as a contributor to protein sources, to Gross Domestic Product (GDP), employment, and development of upstream and downstream fishery-based industries. The weaknesses of the Fisheries Act 1985 and regulations that cannot convict the converted cargo vessel involved with illegal fishing (fishing by squid jigging and transferred fish or squid from the local fishing boat) becoming a growing concern as it will be taken advantage by foreigners. Problems arise when a cargo vessel cannot be convicted because it is not categorized as a fishing vessel as provided under any provision of this act. Where, the cargo vessel will proceed under the jurisdiction of the Marine Department of Malaysia. There is an urgent need to improve this act to prevent illegal fishing from stolen of the country's marine revenue. Thus, the effectiveness of this study on the comparison with the Fisheries Management Act 1991 (FMA 1991) from Australia was made to fill the lacunae in law. The purpose of this legal study is to review the effectiveness of the Fisheries Act 1985 and also to compare this act with FMA 1991 for the purpose of improvements to be proposed. It specifically examines the inherent weaknesses (lacunae) in this act that cannot convict the accused. This legal study is based on a doctrinal research, the laws in Malaysia related with illegal fishing by foreign vessel and the current situation of encroachment into Malaysian Maritime Zone were examined and a free flow interview with MMEA person was conducted. The study suggests that some amendments should be made to this Act to ensure that the jurisdiction to investigate and prosecute the converted cargo vessels involved with illegal fishing in the Malaysian Maritime Zone. Hopefully, this study will contribute and add value to efforts to amend this Act towards a powerful and comprehensive act. It is also expected to reduce the encroachment of this type of vessel entered to take the revenue of country's fishery sector. 2018 Thesis https://ir.uitm.edu.my/id/eprint/21679/ https://ir.uitm.edu.my/id/eprint/21679/1/21679.pdf text en public masters Universiti Teknologi MARA Faculty of Law Md Shah, Rohani (Assoc. Prof.)
institution	Universiti Teknologi MARA
collection	UiTM Institutional Repository
language	English
advisor	Md Shah, Rohani (Assoc. Prof.)
topic	Fisheries
spellingShingle	Fisheries Mohamad Nor, Mohamad Raimi A legal study on Fisheries Act 1985 in addressing the issue of illegal fishing in Malaysian maritime zone / Mohamad Raimi Mohamad Nor
description	The fisheries sector plays a crucial role as a contributor to protein sources, to Gross Domestic Product (GDP), employment, and development of upstream and downstream fishery-based industries. The weaknesses of the Fisheries Act 1985 and regulations that cannot convict the converted cargo vessel involved with illegal fishing (fishing by squid jigging and transferred fish or squid from the local fishing boat) becoming a growing concern as it will be taken advantage by foreigners. Problems arise when a cargo vessel cannot be convicted because it is not categorized as a fishing vessel as provided under any provision of this act. Where, the cargo vessel will proceed under the jurisdiction of the Marine Department of Malaysia. There is an urgent need to improve this act to prevent illegal fishing from stolen of the country's marine revenue. Thus, the effectiveness of this study on the comparison with the Fisheries Management Act 1991 (FMA 1991) from Australia was made to fill the lacunae in law. The purpose of this legal study is to review the effectiveness of the Fisheries Act 1985 and also to compare this act with FMA 1991 for the purpose of improvements to be proposed. It specifically examines the inherent weaknesses (lacunae) in this act that cannot convict the accused. This legal study is based on a doctrinal research, the laws in Malaysia related with illegal fishing by foreign vessel and the current situation of encroachment into Malaysian Maritime Zone were examined and a free flow interview with MMEA person was conducted. The study suggests that some amendments should be made to this Act to ensure that the jurisdiction to investigate and prosecute the converted cargo vessels involved with illegal fishing in the Malaysian Maritime Zone. Hopefully, this study will contribute and add value to efforts to amend this Act towards a powerful and comprehensive act. It is also expected to reduce the encroachment of this type of vessel entered to take the revenue of country's fishery sector.
format	Thesis
qualification_level	Master's degree
author	Mohamad Nor, Mohamad Raimi
author_facet	Mohamad Nor, Mohamad Raimi
author_sort	Mohamad Nor, Mohamad Raimi
title	A legal study on Fisheries Act 1985 in addressing the issue of illegal fishing in Malaysian maritime zone / Mohamad Raimi Mohamad Nor
title_short	A legal study on Fisheries Act 1985 in addressing the issue of illegal fishing in Malaysian maritime zone / Mohamad Raimi Mohamad Nor
title_full	A legal study on Fisheries Act 1985 in addressing the issue of illegal fishing in Malaysian maritime zone / Mohamad Raimi Mohamad Nor
title_fullStr	A legal study on Fisheries Act 1985 in addressing the issue of illegal fishing in Malaysian maritime zone / Mohamad Raimi Mohamad Nor
title_full_unstemmed	A legal study on Fisheries Act 1985 in addressing the issue of illegal fishing in Malaysian maritime zone / Mohamad Raimi Mohamad Nor
title_sort	legal study on fisheries act 1985 in addressing the issue of illegal fishing in malaysian maritime zone / mohamad raimi mohamad nor
granting_institution	Universiti Teknologi MARA
granting_department	Faculty of Law
publishDate	2018
url	https://ir.uitm.edu.my/id/eprint/21679/1/21679.pdf
_version_	1783733769723707392

A legal study on Fisheries Act 1985 in addressing the issue of illegal fishing in Malaysian maritime zone / Mohamad Raimi Mohamad Nor

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