Chapter V PROTECTED FISH SANCTUARIES

(1) The State Government, on the basis of the recommendation of the Technical Comnuttee appointed in this behalf may, by notification in the Gazette, declare any public water body to be a protected fish sanctuary if they consider that such an area is having fishery related or zoologically or naturally or ecologically sufficient importance in protecting and propagating fish or its environment: Provided that if any water body under the possession of Local Self Government Institutions or Government or quasi Government Institutions, Boards or Organisations is situated in the said area, the Government shall, before making the declaration in such area consult the concerned Local Self Government Institutions or Government or quasi Government Institutions, Boards or Organisations. (2) The recommendations of the Technical Committee under sub-section (1) shall be, made after obtaining the opinion of the stake holders in such manner as may be prescribed and according to the guidelines prescribed by the Government in this behalf (3) Whenever any water body in such area is declared to be a protected fish sanctuary the authorized officer shall enquire into and decide as to the existence, nature and extent of the rights of any person in or over the area comprised within the limits of the fish sanctuary after verifying the revenue records. (4) When a notification has been issued under sub-section (1), the authorised officer shall issue a proclamation describing the boundaries of the fish sanctuary in the regional language, in every town and village in- or in the neighbourhood of that area comprised therein. (5) The authorized officer shall, after issuing notice to the concerned person in respect of any right of any person under sub-section (2) hold enquiry on the records submitted to him to the extent possible from the records of the Government and from the evidence given by any person knowing the matter.

For the purpose of an enquiry under sub-section (5) of section 28, the authorised officer may exercise the following, powers, namely:— (a) the power to enter in or upon any area and to survey and demarcate the same and to make a map of the same or to authorise any other officer to do the same; (b) the same powers as are vested in a Civil Court for the trial of suits.

(1) No person other than,— (a) a public servant on duty; (b) a person who has been permitted by the authorised officer to reside within the limits of the protected fish sanctuary ; (c) a person who has any right over the immovable property within the limits of the protected fish sanctuary; (d) a person passing through a public path within the protected fish sanctuary; (e) the dependents of the persons referred to in clauses (b) and (c), shall enter or reside in a protected fish sanctuary except with a permit granted under section 30 and in accordance with the conditions therein. (2) Any person shall, so long as he resides in the protected fish sanctuary, be bound,— (a) to prevent the commission of an offence against this Act in the protected fish sanctuary; (b) to help to find out and to arrest the offender where there is sufficient reason to believe that any such offence against this Act has been committed in such sanctuary; (c) to report the death of any fish and to prevent pollution or damage of such sanctuary; (d) to assist any authorised officer or any other officer of the Fisheries Department or Police Officer demanding his help for preventing the commission of any offence or in the investigation of any such offence against this Act. (3) No person shall, with or without any vehicle enter in a protected fish sanctuary with any fishing vessel or free net or weapon or other devices for fishing except with the previous written permission of the authorized officer.

No person shall use in a protected fish sanctuary chemicals, explosives or any other substances which may cause destruction or endanger the fish or fishery in a fish sanctuary.

(1) The authorised officer may, on application, grant pemut to any person to enter or reside in a fish sanctuary for all or any of the following purposes, namely:— (a) enquiry and study relating to fish and fishery and for the purposes ancillary or incidental thereto; (b) taking photographs; (c) scientific research; (d) tourism; (e) lawful transactions with any person residing in the sanctuary. (2) The permit to enter or reside in a fish sanctuary shall be granted subject to such conditions and on the payment of such fees as may be prescribed. (3) The authorised officer may, for good and sufficient reason recorded in writing, cancel the permit granted under sub-section (1): Provided that such cancellation shall be made only after giving the holder of the permit a reasonable opportunity of being heard. (4) Any person aggrieved by the cancellation of a permit under sub-section (3) may, within fifteen days from the date of receipt of the order of such cancellation, appeal to the Appellate Authority whose decision thereon shall be final.

(1) The Director of Fisheries or any other officer authorized by him, not below the rank of an Assistant Director of Fisheries, shall be the officer to manage and preserve the protected fish sanctuaiy. (2) A Fisheries Preservation Scheme shall be prepared by a Technical Committee appointed by the Government for the purpose and the Government shall notify the same. (3) The Technical Committee appointed under sub-section (2) shall consist of the following members and the functioning of the Technical Committee shall be such as may be prescribed,— 1. Director of Fisheries; 2. one biologist; 3. one environment scientist; 4. one social scientist; 5. one expert in management; 6. one hydrologist; 7. one representative of the State Bio-Diversity Board; 8. Executive Director, Agency for Development of Aquaculture (ADAK). The Director of Fisheries shall be the Chairman of the Technical Committee and the Executive Director, ADAK shall be the Convener. (4) The Fisheries Preservation Scheme prepared under sub-section (2) may provide for all or any of the following matters, namely:— (i) over and above the protection of the bio-diversity of living beings including different species of fish, the protection procedure of separately directed local fish species which are facing racial extinction and their ecosystem; (ii) the harmonisation among the protection of livelihood of fishermen and the fish sanctuary; (iii) to prescribe the bearing capacity of fish in water body adjacent to the protected fish sanctuary and to fix the number of fishing vessels and nets to be used in accordance with it; (iv) as to any other matter to be provided for in the scheme or as to the matters required or needed for the implementation of the scheme.