Chapter III AQUACULTURE

(1) No person shall engage in aquaculture, filtration or conducting hatchery in inland water bodies except with a certificate of registration or licence obtained in accordance with the provisions of this Act or the Rules made thereunder. (2) No other species of fish seed collected from the natural sources other than the species specified by the Government by notification shall be used for aquaculture. (3) The Government may by Rules, limit, regulate or prohibit permanently or temporarily all or any of the following matters, namely:— (a) medicines, antibiotics, pesticides and pesticides for the use of aquaculture; (b) conducting intensive/highly intensive aquaculture causing harm to environment; (c) use of ecologically important areas such as mangrove areas or breeding centres of fish or nurseries for aquaculture; (d) integrated fish farming detrimental to the paddy cultivation without rotation of crops; (e) use of non-domestic fish and fish seeds for fish farming without subjecting them to quarantine proceedings and quality check; (f) fish farming without considering the carrying capacity of inland water sources indiscriminately.

(1) The Government may, by notification in the Gazette, entrust agencies to certify the standard of quality of fish seeds. (2) The certification of fish seed and the entrustment of Agencies thereto, under sub-section (1) shall be in such manner as may be prescribed. (3) The Government shall, by notification in the Gazette, constitute a fish seed committee to advise the Government on all matters relating to certification of fish seeds and to co-ordinate the activities of the agencies entrusted under sub-section (1). (4) The Fish Seed Committee constituted under sub-section (3) shall consist of not exceeding five members who are technical experts in aquaculture/ fisheries sector to be nominated by the Government and the composition, the conditions of service and the salaries, the term of office and the duties, functions and powers of the Fish Seed Committee shall be in such manner as may be prescribed. (5) The Government may on the recommendation of the said Committee, if it deems necessary to control the standard of quality of aquaculture seed of any item or variety may, by notification in the Gazette, declare such item or variety to be a notified item or variety for the purpose of this Act and various items and variety may be notified for various district or for its various areas thereof. (6) The Government may, on the recommendation of the Fish Seed Committee, by notification in the Gazette, specify,— (a) the minimum size, weight, purity and health condition with respect to any aquaculture seed of any notified item or variety; (b) the symbol or label indicating that such aquaculture seeds conform to the minimum size, weight, purity and free from disease infection specified under clause (a) and the particulars that shall be contained in such symbol or label: (7) No person shall carry on the business of selling or keeping for sale or make ready for sale or supply through barter or otherwise of any fish seed of any notified item or variety unless,— (a) identifiable as to its item or variety; (b) conforms to the size, weight, purity, health condition specified in clause (a) of sub-section (6); (c) the container of such fish seed bears the symbol or label containing the correct particulars thereof as specified under clause (b) of sub-section (6) in prescribed form; (d) in accordance with such other necessary factors as may be prescribed. (8) The Government may, by notification in the Gazette, authorise such officers as it think necessary having the prescribed qualification, to inspect the fish seed and specify the local limits of jurisdiction within which they shall exercise their power.

(1) The officer authorised under sub-section (8) of section 9 may,— (a) enter into any hatchery and fish farm to ensure the quality of the fish seed produced and to examine the condition of the available 'brood stock'; (b) take the sample of any fish seed of any notified species or variety from,— (i) any hatchery or fish seed farm or any person selling or offering to sell such fish seed; or (ii) any person who is in the course of conveying or is delivering or preparing to deliver such fish seed to a purchaser or consignee; or (iii) a purchaser or consignee after the delivery of such fish seed to him; (c) send such sample for analysis to the laboratory for the area, from which area such sample has been taken; (d) enter and search at all reasonable time with such assistance, as he considers necessary, in any place in which he has sufficient reason to believe that any offence under this Act has been committed by a person and may order in writing, the person in possession of any seed in respect of which the offence has been or is being committed, not to dispose of any stock of such fish seed for a particular period not exceeding thirty days; (e) examine any record or register or document or any other stolen property found out from any area mentioned in clause (d) and seize the same if he has reason to believe that the same may be given as evidence for the commission of an offence punishable under this Act: and (f) break open the container containing the fish seed of any notified species or variety and collect such fish seed from hatchery, pond or fish farm where such fish seed is kept for sale: Provided that the power to collect aquaculture seed from any hatchery or fish farm or pond shall be exercised only after the owner or the possessor of the hatchery, fish farm or pond, on being called upon to produce the aquaculture seed from the hatchery or fish farm or pond, hesitates being present in the premises thereof. (2) Any person from whom the sample of fish seed of any notified item, or variety is taken under clause (b) of sub-section (1), shall be paid at the rate of the prevailing market value of such fish seed.