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  1. Profile
    1. Basic legislation
    2. Legal definition
    3. Guidelines and codes of conduct
    4. International arrangements
  2. Planning
    1. Authorization system
    2. Access to land and water
    3. EIA
  3. Operation
    1. Water and wastewater
    2. Fish movement
    3. Disease control
    4. Drugs
    5. Feed
  4. Food safety
    1. Miscellaneous
      1. References
        1. Legislation
        2. Related resources
      2. Related links
        Profile
        Basic legislation
        Malaysian fisheries are governed by the Fisheries Act No.317 (1985) and its regulations. Inland fisheries and aquaculture regulations are issued by State authorities, whereas marine fisheries and aquaculture are a federal concern. Unfortunately, neither the Kedah State Fisheries (Riverine) Rules (1990) nor the Perak State Fisheries (Riverine) Rules (1992) make any provision on aquaculture  .

        The main fisheries authority at federal level is the Ministry of Agriculture and Agro-based Industry (MOA). With regard to aquaculture, the Director-General of Fisheries, head of the Fisheries Department, is vested with orientation powers for the development of marine and inland farming, in consultation with the concerned State Authority. In particular, the promotion of inland aquaculture may involve the creation of experimental aquaculture stations for demonstrative purposes, fish-breeding facilities and training centres.

        An important actor in the development of the national maritime policy is the Maritime Institute of Malaysia (MIMA), a policy research institute set-up by the Malaysian Government to specifically deal with national, regional and global maritime issues. The Freshwater Fisheries Research Centre operates within the Fisheries Department of the Ministry of Agriculture, for the development of freshwater aquaculture, and the conservation and management of aquatic resources.
        Legal definition
        The federal Fisheries Act defines aquaculture as «the propagation of fish seed or the raising of fish through husbandry during the whole or part of its life cycle».
        Guidelines and codes of conduct
        Being a member of ASEAN, Malaysia embraces the codes of conduct adopted by the Association. The Manual of ASEAN Good Shrimp Farm Management Practices  was adopted at the 20th Meeting of ASEAN Ministers of Agriculture and Forestry (AMAF) held in Hanoi, Vietnam, in 1998. The ASEAN has also published two other guidelines on fisheries, namely the Manual on Practical Guidelines for the Development of High Health Penaeus monodon Broodstock and the Harmonization of Hatchery Production of Penaeus monodon in ASEAN Countries  .

        Aquaculture farmers' associations are formed according to the Fishermen's Associations Act (1971), for the promotion of economic and social interests of the group. Area associations may federate into a State association, and State associations may create a national confederation. All Fishermen associations are registered with the Fisheries Development Authority of Malaysia (LKIM), which supervises and controls their activities.
        International arrangements
        Malaysia is a member of:
        • World Trade Organization (WTO).
        • Association of Southeast Asian Nations (ASEAN), which promotes cooperation for the development of aquaculture through the ASEAN Ministerial Understanding on Fisheries Cooperation (1983)  .
        • ASEAN Free Trade Area (AFTA).
        Malaysia is also a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and to both the Convention on Biological Diversity (CBD) and the Biosafety Protocol.

        With regard to regional arrangements, Malaysia has signed the Agreement on the Network of Aquaculture Centres in Asia and the Pacific (NACA) (1988) – together with Australia, Bangladesh, Cambodia, China, Hong Kong, India, Korea, Myanmar, Nepal, Pakistan, Philippines, Sri Lanka, Thailand and Viet Nam.

        Moreover, as part of the Southeast Asian Fisheries Development Centre (SEAFDEC), Malaysia participates not only in the several Departmental Programmes on aquaculture, but also in the SEAFDEC–ASEAN programmes, which include the promotion of mangrove-friendly aquaculture and the regionalization of the Code of Conduct for Responsible Fisheries.
        Planning
        Authorization system
        The procedure to engage in marine aquaculture is established by the Fisheries (Marine Culture Systems) Regulations (1990). As mentioned above, issues relating to inland aquaculture pertain to the States' regulatory power.

        Pursuant to the 1990 Regulations, marine aquaculture is subject to a double authorization system: a permit to set up the facilities, and a licence for their operation.
        The whole procedure is managed by the Director-General of Fisheries.

        Applications for a permit to set up a mariculture farm must provide the following information:
        • Type of marine culture system;
        • Proposed aquaculture site;
        • Plan of chosen site.
        A permit may only be issued if, after the Director-General’s investigation, the site’s location does not appear to affect the development of fisheries. The granting of the permit is also subject to the payment of a deposit that will be returned upon ceasing of operation. The content of the consequent application for the operation licence is determined by the Director-General. An inspection is carried out to check compliance with the terms and conditions of the permit. The general terms and conditions of permits and licences are found in the Schedules to the Regulations. Additional terms and conditions may be specifically established by the Director-General. Since the Regulation does not specify any duration, licences are possibly continuing. However, a licence may be cancelled if the farm is found not compliant with the terms and conditions, during an official inspection.

        Also relevant to aquaculture is the Fisheries (Cockles Conservation and Culture) Regulations (2002), under which a licensing procedure is established for the capture of cockles (Anadara) and cockle seeds. In particular, a permit is required to take cockles and cockle seeds from cultured cockle beds. Two different application forms are provided, depending on the capture method to be used.

        No specific provisions were found on sea ranching.
        Access to land and water
        The Ministry of Natural Resources and the Environment is the competent authority for matters related to land and water, at federal level.

        Waters Act No.418 (1920, as amended) is the basic law on water resources at federal level, and applies to the States of Negeri Sembilan, Pahang, Perak, Selangor, Malacca, Penang and Federal Territory. Under this Act, a licence is required for water abstraction and use, but no specific reference is made to aquaculture.

        In order to counteract coastal deterioration, the Guidelines on Erosion Control for Development Projects in the Coastal Zone (1997) give directions for the processing of applications concerning development projects to be carried out in coastal areas. Circular No.5 of 1987 issued by the Prime Minister's Department provides that applications related to any such project is referred to the Coastal Engineering Division (CED) of the Department of Irrigation and Drainage (DID). CED assists the Department of Environment (DOE) in the evaluation of EIA applications concerning projects to be developed in coastal zones, where mangrove ecosystems conservation is a major concern.
        EIA
        The Malaysian EIA system is regulated under the Environmental Quality Act No.127 (1974). However, the Malaysia National Biodiversity Policy (1998) provides that EIA procedures must be revised in order to focus on biodiversity conservation.

        The Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order (1987) establishes that land-based aquaculture projects implying the clearing of mangrove swamp forests, and covering an area of 50 hectares or more, are subject to the EIA procedure described in the Environmental Quality Act. A report, assessing the possible impact of a project on the environment and proposing appropriate prevention, mitigation or control measures, must be submitted to the Director-General of Environmental Quality of the Department of Environment (DOE), Ministry of Natural Resources and the Environment. The Director-General's negative decision may be appealed against, to the Appeal Board appointed by the Minister.

        According to the Act, environmental licences are issued by the Director-General of Environmental Quality. Unfortunately, the letter of the law does not clarify to which activities or subjects the licensing procedure applies, and whether the EIA process described above is part of such procedure  .
        Operation
        Water and wastewater
        The Ministry of Natural Resources and the Environment, Department of Environment, is in charge of monitoring pollution levels of marine and inland waters.

        The provisions on water pollution from the Waters Act (1920, as amended) apply to freshwater bodies as well as coastal waters. A licence, to be granted by the concerned State Secretary, is required for the discharge of waste matter into any waterbody. No provisions are made with regard to aquaculture effluents.

        Under the Environmental Quality Act, a licence is required for the discharge of waste matter in marine and inland waters, above the threshold set by the Minister. Industrial wastewater discharge is regulated under the Environmental Quality (Sewage and Industrial Effluents) Regulations (1979, as amended). Despite the lack of reference to fish farming, its provisions seemingly apply to industrial aquaculture facilities.
        Fish movement
        Under the Fisheries Act, the import and export of live fish to and from Malaysia, as well as the transfer of live fish from East to West Malaysia or vice versa, and the transport among Eastern states, are subject to the granting of a permit from the Director-General of Fisheries. Terms and conditions, which are defined at the Director-General's discretion, shall aim at ensuring food safety and disease control, and at avoiding the release of non-indigenous species into the environment.

        Furthermore, pursuant to the Fisheries (Prohibition of Import, etc., of Fish) Regulations (1990), the import of certain freshwater species, such as piranhas and pacus, requires a specific permit from the Director-General.
        Disease control
        No provisions could be found on fish disease control.

        Animal health in general is managed by the Department of Veterinary Services of the Ministry of Agriculture. Fish health is not explicitly included among its tasks by Animals Ordinance No.17 (1953). Fish is, however, included in the definition of “animals”, applicable to the provisions on animal protection.
        Drugs
        No provisions were found, except those establishing the limits of drug residues in fish products (Food Regulations of 1985, as amended).
        Feed
        No provisions were found.
        Food safety
        Food safety is regulated by the Food Act (1983, as amended) and by the Food Regulations (1985, as amended), which apply to fish products. The law and its regulations mainly deal with labelling, additives, residues, packaging and sampling procedures. Specific provisions are made in the regulations, with regard to health standards, allowed additives and residues, and labelling requirements for fish and fish products.

        The quality and safety of food products is guaranteed by the Veterinary Health Mark Logo (VHM), awarded under the Veterinary Inspection and Accreditation Program of the Department of Veterinary Services (DVS), Ministry of Agriculture. Applications must include information on the Quality Assurance Program (QAP) and the HACCP (Hazard Analysis Critical Control Points) Plan of the producing company. This certification programme is mainly intended for livestock products processing plants, but is actually open to fish processing plants as well. Due to the veterinary certification requirements set by importing countries, participation in the programme is, de facto, an obligation. Guidelines and codes on best veterinary practice and for building processing plants are provided under the programme.
        Miscellaneous
        No additional provisions were found on aquaculture.
        References
        Legislation

        SOFT LAW
        Related resources

        faolexSearch parameters: country=MYS, Keywords=aquaculture;mariculture
        Records Returned: 4
        Title of textDate of textConsolidated dateEntry into forceCountries
        Fisheries (Prohibition of Import, etc., of Fish) Regulations, 1990.1990-10-25Malaysia

        Fisheries (Marine Culture Systems) Regulations 1990.1990-04-13Please see regulation 1.Malaysia

        Agreement on the network of aquaculture centres in Asia and the Pacific.1988-01-08The Agreement came into force on 11 January 1990.Australia; Bangladesh; Cambodia; China; Korea, Republic of; India; Malaysia; Myanmar; Nepal; Pakistan; Philippines; Sri Lanka; Thailand; Viet Nam; China

        Fisheries Act 1985 (No. 317 of 1985).2006-01-01Malaysia

        Mustafa, S., Saad, S. & Rahman, R.A. (Borneo Marine Research Institute, University Malaysia Sabah) – Sea Ranching in Malaysia: Potential and Need for a Framework, in MIMA (Maritime Institute of Malaysia) Bulletin, Vol.10 No.1/2003
        Fisheries Development Authority of Malaysia (LKIM)
        Ministry of Natural Resources and the Environment
        Related links
        Country profiles: Malaysia
         
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