Malaysia

44. (1) No person shall carry, use or possess within a marine park or marine reserve in Malaysian fisheries waters— (a) any spring-gun, spear gun, spearfishing equipment, harpoon or suction gun; or (b) any other kind of weapon potentially harmful to any aquatic plant life, aquatic animal life or to the coral reef structure. (2) The use of any weapon referred to in subsection (1) from beyond the limits of the marine park or marine reserve and aimed at or directed into the marine park or marine reserve is also prohibited.

43. (1) Any person who in any marine park or marine reserve in Malaysian fisheries waters without the permission of the Director General in writing— (a) fishes or attempts to fish; (b) takes, removes or is in possession of any aquatic animal or aquatic plant or part thereof, whether dead or alive; (c) collects or is in possession of any coral, dredges or extracts any sand or gravel, discharges or deposits any pollutant, alters or destroys the natural breeding grounds or habitat of aquatic life, or destroys any aquatic life; (d) constructs or erects any building or other structure on or over any land or waters within a marine park or marine reserve; (e) anchors any vessel by dropping any kind of weight on, or by attaching any kind of rope or chain to, any coral, rock or other submerged object; or (f) destroys, defaces or removes any object, whether animate or inanimate, in a marine park or marine reserve, shall be guilty of an offence.

41. (1) The Minister may be order in the Gazette establish any area or part of an area in Malaysian fisheries waters as a marine park or marine reserve in order to— (a) afford special protection to the aquatic flora and fauna of such area or part thereof and to protect, preserve and manage the natural breeding grounds and habitat of aquatic life, with particular regard to species of rare or endangered flora and fauna; (b) allow for the natural regeneration of aquatic life in such area or part thereof where such life has been depleted; (c) promote scientific study and research in respect of such area or part thereof; (d) preserve and enhance the pristine state and productivity of such area or part thereof; and (e) regulate recreational and other activities in such area or part thereof to avoid irreversible damage to its environment.

25. Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence and where no special penalty is provided in relation thereto, such person shall be liable— (a) where the vessel concerned is a foreign fishing vessel or the person concerned is a foreign national, to a fine not exceeding one million ringgit each in the case of the owner or master, and one hundred thousand ringgit in the case of every member of the crew; (b) in all other cases, to a fine not exceeding twenty thousand ringgit or a term of imprisonment not exceeding two years or both.

“fishing” means— (a) the catching, taking or killing of fish by any method; (b) the attempted catching, taking or killing of fish; (c) engaging in any activity which can reasonably be expected to result in the catching, taking or killing of fish; or (d) any operation in support of, or in preparation for, any activity described in paragraph (a), (b) or (c) of this definition;