Chapter I PRELIMINARY

(1) This Act may be called the Kerala Inland Fisheries and Aquaculture Act, 2010. (2) It extends to the whole of the State of Kerala. (3) It shall come into force at once.

(1) The development and management of fishery activity or any other allied activity in public water body in inland sector shall be vested with the Government but this shall be subject to the rights vested with the Local Self Government Institutions or Water Resources Department under this Act or any other law for the time being in force. (2) The responsibility of giving necessary technical advice to the Local Self Government Institutions in fishery related matters shall be vested with the officers of the Fisheries Department authorised by the Government in this behalf. (3) Notwithstanding anything contained in any other law for the time being in force, any activity to transform public water bodies from their original state in a manner which would affect fishery activities prejudicially shall be undertaken after consultation with the Fisheries Department in the manner as may be prescribed.

(1) The Government may, for the aquaculture related development or for the public interest of aquaculture sector, by notification in the Gazette, declare any public water body or other suitable area as aquaculture area exclusively for aquaculture related activities: Provided that the provisions under sub-section (1) shall not be applicable to the areas included in the coastal area as defined in the Coastal Aquaculture Authority Act, 2005 (Central Act 24 of 2005): Provided further that for declaring water bodies or areas as aquaculture area under sub-section (1), decision shall be taken after consulting with the concerned Local Self Government Institutions. (2) Government may make rules for the utilisation, restriction, regulation and control of the fisheries related activities in the aquaculture areas and also for the protection of such areas from being utilised for any other purpose other than that specified in sub-section (1).

(1) Subject to the provisions of this Act and the rules made thereunder, Government may, by notification in the Gazette, limit or restrict or prohibit catching of any species of fish in the manner and for the period as may be prescribed, in any area notified for this purpose. (2) No person shall, except in accordance with the terms and conditions of a license granted by the authorised officer for the purpose as provided in Chapter IV of this Act catch any fish or any species of fish from any area notified under sub-section (1): Provided that the power of granting license for fishing in the water body under the custody of Local Self Government Institutions shall be vested with the concerned Local Self Government Institution: Provided further that necessary recommendation of the officer of the Fisheries Department as specified in sub-section (2) of section 3 is necessary for issuing license by the Local Self Government Institutions as provided in the first proviso.

(1) The Government may make rules for the purpose hereinafter mentioned in this section and may by notification in the Gazette, apply all or any of such rules to inland water bodies specified in the said notification: Provided that decision relating to water bodies under the control of Local Self Government Institutions shall be taken in consultation with the Local self Government Institutions concerned. (2) Government may prohibit fishing or the use of any fishing vessel or net in any public water body except under a license granted by the authorised officer for this purpose and in accordance with the terms and conditions specified therein. (3) All or any of the following matters may be limited or restricted or prohibited either temporarily or permanently, by rules:— (a) the construction of weirs or barriers or artificial bunds or water blocks or fences; (b) the dimensions and type of fishing devices used for fishing or for catching any species of fish as exclusively specified and the manner of using such devices and the mesh size of fishing nets; (c) the minimum size or weight below which no fish or any species of fish as specified shall be caught or stocked or sold; (d) the destruction or weakening of fish or fisheries by pollution or by retting of coconut husk or by industrial and domestic effluents in solid or liquid form or by chemicals or by spraying pesticides; (e) the collection of clam, mussel, oyster, shell and the transport of their meat or shell or both; (f) the filtration of fish and prawns in private water body; (g) the attraction of fish or to cause their migration to any water bodies either by the use of sluice openings, alluring lights or by any means and by any other contrivances or catching fish or preventing their escape by any means whatsoever; (h) destruction or converting in a manner which will endanger the existing ecological condition of any water body by any means; (i) propagation, rearing and marketing of fish species which is not indigenous; (j) which all devices or nets be used for fishing in estuaries or in the premises of protected fish sanctuaries; (k) catching and marketing fish having reproductive capacity from any public water bodies, using net or appliance; (l) disturbing the ecological condition which is connected with natural water bodies or wetland areas; (m) catching, stocking and marketing species of ornamental fish from public water bodies in the inland sector; (n) catching, stocking or marketing indigenous species of fish which are facing extinction; (o) fishing in inland water bodies by using vessel fitted with motor or mechanised fishing boats or nets.

No person shall use explosive or poison or pass electricity in a way which may destroy the fish wealth in any water body or in aquaculture region: Provided that this section shall not apply to the controlled use of poisons or other botanical substances during the preparation of farms for stocking fish seeds as part of aquaculture activities.