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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Bibliographic Details
Main Author:	Mohamad Nor, Mohamad Raimi
Format:	Thesis
Language:	English
Published:	2018
Subjects:	Fisheries
Online Access:	http://ir.uitm.edu.my/id/eprint/21679/ http://ir.uitm.edu.my/id/eprint/21679/1/TM_MOHAMAD%20RAIMI%20MOHAMAD%20NOR%20LW%2018_5%20.pdf

id	uitm-21679
recordtype	eprints
spelling	uitm-216792018-09-25T06:25:44Z http://ir.uitm.edu.my/id/eprint/21679/ A legal study on Fisheries Act 1985 in addressing the issue of illegal fishing in Malaysian maritime zone / Mohamad Raimi Mohamad Nor 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 NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/21679/1/TM_MOHAMAD%20RAIMI%20MOHAMAD%20NOR%20LW%2018_5%20.pdf Mohamad Nor, Mohamad Raimi (2018) A legal study on Fisheries Act 1985 in addressing the issue of illegal fishing in Malaysian maritime zone / Mohamad Raimi Mohamad Nor. Masters thesis, Universiti Teknologi MARA.
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Teknologi MARA
building	UiTM Institutional Repository
collection	Online Access
language	English
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
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
publishDate	2018
url	http://ir.uitm.edu.my/id/eprint/21679/ http://ir.uitm.edu.my/id/eprint/21679/1/TM_MOHAMAD%20RAIMI%20MOHAMAD%20NOR%20LW%2018_5%20.pdf
first_indexed	2023-09-18T23:07:05Z
last_indexed	2023-09-18T23:07:05Z
_version_	1777418555312046080

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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