Written by: Averroes
(1.0) Introduction
It's either humans are becoming more intelligent with the tools they make, or dumber because of it, we have reached the epitome of innovation and technology. Is this statement true?
The way we use or make of it the technologies that we have unlocked and its potential that may be reaped, determines our intelligence. Intelligence is subjective, some may mistake it with moral compass and that the ability to have a conscience mind.
As we traverse into the 21st century, our technologies have become more apt, but also deadly and abused at the same time.
This is the case for fishing tools that anglers and fishers have been using, which if no constraints are enforced upon their fish-harvesting tactics, it would cause enormous environmental impacts by destroying habitats, food-chains and ecosystems.
Coral reefs and even the lives of people would be harmed by these lethal practices of harvesting fish. Economically, other traditional farmers' income and livelihoods would be affected too.
(2.0) The illegal methods
Dragon Traps
In one incident, the Malaysian Maritime Enforcement Agency (MMEA) seized 24 dragon traps under Operasi Aman, around 1.1 nautical miles from Tanjung Jaga, Yan. The "Dragon Traps" were also installed with GPS, instead of spike marking.
Dragon traps are one of the dangerous tools used. The seizure of the dragon traps totaled up to RM2888. They are banned as under section 11(3)(c) of the Fisheries Act 1985. Well, the use of dragon traps is permissible, unless they get the license as stipulated under the law.
However, the law did mention that if it impedes the flow of water or navigation, then no license shall be issued. The problem with these nets are that they could catch small fries of fish and its eggs, discontinuing their life cycle.
Trawler Net
In Trans Huu Tho & 11 Ors v Public Prosecutor, the Vietnamese applicants were charged as under the Regulation 2, Schedule 1 of the Fisheries (Prohibition of Method of Fishing Regulations 1980) read together with section 25(a) of the Act, as they were found using "Pair Trawl Net" method which is illegal.
The history of the "trawler net" can be traced all the way to the case of Cheam Gaik v Public Prosecutor [1967] 1 MLJ 51, where in 1966, those tools can be used if they get the license from the director of the fisheries, if not an offence under rule 2(1) to the section 13 of the Fisheries Act 1963.
If the attitude had been negative since 1966 towards it, then indeed this method of fishing is disadvantageous to smaller fishermen and may cause death to other aquatic creatures, such as turtles getting snared or trapped in it.
Fishing bombs, poisons, pollutants, electrical current
The MMEA also confiscated paraphernalias, used for fish-bombing in Tanjung Saban. They were thought to have carried explosive devices and when the authorities approached them, they tried to escape and jumped into the sea.
It was not mentioned what the offending provision is, but is is most likely section 26 of the Act for fishing with explosives, poisons, pollutants or any apparatus using electric current or any prohibited gear to kill, stun, disable or catch fish, or other way to catch fish more easily.
The authorities found the bombs with them and were taken to Sepanngar Maritime Jetty for further action. Possessing or in control of the dangerous tools is also an offence. Therefore, they are subjected to section 25 of the Act for punishments for contravening section 26.
In Public Prosecutor v Lee Chin Chai [1974] 2 MLJ 174, it states that while true in the old Fisheries Act 1963 under section 12(1) and in the Fisheries (Prohibition of Method of Fishing) Regulations, 1971 of rule 2;
We are forbidden to use fishing stakes, poisons, explosives and specifically under the Schedule of the regulations, any fishing net, which it in specific language says, that can be propelled by engine, triangular net supported by two poles, crossed and secured, in a ski-shaped shoe, operated by pulling from the seabed before raising. (trawler net one of them).
Though, there is no right to forfeit or seize our vessels.
Aquatic mammals and turtles
Under section 27(1) of the Act, we cannot fish, disturb, harass or catch any aquatic mammals or turtles beyond jurisdiction of any State in Malaysia. The reason here is that, each State has their own laws for turtles and aquatic mammals.
Once we enter into Federal waters, section 27(1) applies. We also have to release the turtles or aquatic mammals if we 'unavoidably' caught them while fishing. If it is alive, we have to release it immediately. If dead, we have to take it to the fisheries officer and that the dead creature will be disposed according to his directions.
Punishments
The same punishment under section 25 is applied to all offences in the Act, if no punishment is prescribed, therefore, breaching sections 11 and 26 have the same punishments, but are applied differently to foreigners and locals. Foreigners get higher punishments as compared to locals.
(3.0) Conclusion
To conclude, there are more sustainable approaches for fishing and to prevent the destruction of the ecosystem and lives of others. With these listed illegal tactics implemented by irresponsible people, we are able to ascertain what they are and educate others to not adopt them or inform the authorities if we see any suspicious activities related to it.
(4.0) References;
Ahmad Mukhsein Mukhtar (March, 2022) MMEA seize 24 sets of dragon traps in Yan waters. Retrieved from, https://www.nst.com.my/news/crime-courts/2022/03/780918/mmea-seize-24-sets-dragon-traps-yan-waters
Avila Geraldine. (January, 2021) MMEA seizes pump boat, fish bombing paraphernalia. Retrieved from, https://www.nst.com.my/news/nation/2021/01/654472/mmea-seizes-pump-boat-fish-bombing-paraphernalia
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