Chapter II LICENSING OF FISHING AND FISHING RELATED ACTIVITIES

1. (1) No person shall, after the commencement of this Regulation, undertake fishing or fishing related activities in any specified area without a valid licence issued under this section.
2. (2) The authorised officer shall have the power to issue licence for using fishing vessel under this section.
3. (3) The owner of a fishing vessel shall make an application to the authorised officer for the grant of licence under sub-section (1) for using such a fishing vessel for fishing and fishing related activities in any specified area.
4. (4) No fishing vessel shall be granted a licence under sub-section (3), unless it is registered as a fishing vessel under the Merchant Shipping Act, 1958: Provided that nothing contained in this sub-section shall apply to a fishing vessel which is not required to be registered or exempted from being registered under the Merchant Shipping Act, 1958.
5. (5) Nothing contained in this section shall apply to a fishing vessel, which was being used for fishing immediately before the commencement of this Regulation, for such period as may be notified by the Administrator.
6. (6) No person shall establish or operate any offshore platform without a valid licence. Explanation.––For the purposes of this sub-section and sub-sections (7), (8), (10),
7. (13) and (14) the expression “Offshore platforms” means platforms established within the territorial waters including internal waters for collection, processing, transhipment of fish or any other fishing related activities including the temporary berthing of fishing vessels.
8. (7) The authorised officer shall have the power to issue licence for operating an offshore platform under this section.
9. (8) Any person desirous of establishing or operating an offshore platform shall make an application to the authorised officer for the grant of licence.
10. (9) Every application under sub-section (3) or sub-section (8) shall be in such form, contain such particulars, and be accompanied by such fee, as may be prescribed.
11. (10) The authorised officer may, after making such inquiry as he may deem fit and having regard to the matters referred to in sub-section (12) or sub-section (13), as the case may be, either grant or refuse to grant a licence to the owner of a fishing vessel for use of his fishing vessel for fishing or fishingrelated activities or to the applicant who is desirous of establishing or operating an offshore platform, as the case may be: Provided that if the authorised officer refuses to grant a licence under this section, he shall record his reasons for such refusal in writing, which shall be communicated to the applicant, in such form, manner and within such time as may be prescribed.
12. (11) A licence granted to a fishing vessel under sub-section (10) shall provide the specified area within which such fishing vessel may be permitted for fishing or fishingrelated activities, as the case may be.
13. (12) In granting or refusing to grant a licence to a fishing vessel for fishing or fishingrelated activities under sub-section (10), the authorised officer shall have regard to the following, namely:––
    • (a) sea safety, communication systems, transponders and insurance for such class or classes of fishing vessel;
    • (b) condition of the fishing vessel including the accessories and fishing gear with which it is fitted;
    • (c) maintenance of law and order at sea;
    • (d) the matters related to public interest and national security;
    • (e) compliance of the fishing vessel to any notification issuedunder section 5; and
    • (f) any other matter as may be prescribed.
14. (13) In granting or refusing to grant a licence for establishing or operating an offshore platform, as the case may be, under sub-section (10), the authorised officer shall have regard to the following, namely:––
    • (a) sea safety conditions of the offshore platform;
    • (b) suitability of the location;
    • (c) communication systems onboard the platform;
    • (d) maintenance of law and order at sea;
    • (e) matters related to public interest and national security;
    • (f) obtaining necessary statutory clearances under the Environment Protection Act, 1986; the Air (Prevention and Control of Pollution) Act, 1981; and the Water (Prevention and Control of Pollution) Act, 1974, as applicable; and
    • (g) any other matter as may be prescribed.
15. (14) The licence granted under this section shall be in such form, manner, time and be subject to such conditions, as may be prescribed: Provided that different fee and different amounts by way of security may be prescribed in respect of licences for different classes of fishing vessels used for fishing and fishingrelated activities and for different classes of offshore platforms and installation therein.
16. (15) The licence granted under this section shall be valid for the period specified therein or for an extended period, not exceeding such intervals of period as may be prescribed.
17. (16) Every application for extension of the licence period shall be made in such form, contain such particulars, and be accompanied by such fee, as may be prescribed.
18. (17) Subject to the rules that may be made in this behalf, the authorised officer may, by order, vary or amend a licence or the conditions of a licence granted under this section: Provided that before varying or amending a licence or its conditions under this section, the authorised officer shall provide the licence holder an opportunity of being heard and shall record the reasons for such variation or amendment in writing.

1. (1) If the authorised officer is satisfied, either on a reference made to him in this behalf or when he hassufficient reasons to believe that—
   • (a) a licence granted under section 6 has been obtained by misrepresentation as to an essential fact; or
   • (b) the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted; or
   • (c) the holder of a licence has contravened any of the provisions of this Regulation or any order or rule made thereunder, then, without prejudice to any penalty to which the holder of the licence may be liable under this Regulation, the authorised officer may, after giving the holder of the licence an opportunity of showing cause, and on being heard, suspend or cancel the licence or forfeit the whole or any part of the security, if any, furnished for the due performance of the conditions subject to which the licence has been granted.
2. (2) Notwithstanding anything contained in this section and without prejudice to any other penalty to which the licence holder may be liable under this Regulation, the Administrator may, for the protection of the public interest or for maintenance of law and order, cancel a licence granted under section 6.

Where a licensed fishing vessel moves from the area of one port to the area of another port, for use in the area of such other port, the owner of such fishing vessel shall furnish information in such form and manner as may be prescribed, to the authorised officer who had granted licence andto the port authority having jurisdiction over the area of such other port to which the fishing vessel moves.

Every owner of a licensed fishing vessel shall furnish to the authorised officer, voyage reports at such intervals and in such form and manner, as may be prescribed.

The authorised officer may, at any time, without giving notice, enter and inspect any fishing vessel to verify the compliance of the provisions of this Regulation, rules, notifications or orders made thereunder.

1. (1) Any person aggrieved by an order of the authorised officer refusing to grant licence to a fishing vessel or offshore platform or cancelling, suspending, varying or amending such licence, or forfeiting of any security furnished, as the case may be, may, within a period of thirty days from the date on which the order is communicated to such person, prefer an appeal to the adjudicating officer, in such form and manner as may be prescribed: Provided that the adjudicating officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within such time.
2. (2) On receipt of an appeal under sub-section (1), the adjudicating officer shall, after giving the parties an opportunity of being heard, pass such order, thereon as he deems fit, as expeditiously as possible and in any case before the expiry of three months from the date of presenting the appeal before him.

1. (1) The authorised officer may, if he has sufficient reason to believe that any fishing vessel is being or has been used in contravention of any of the provisions of this Regulation or of any order, notification or rules issued or made thereunder or any of the conditions of the licence granted under this Regulation, enter and search such fishing vessel and seize such fishing vessel and fish found on it and shall submit a report under sub-section (1) of section 13 to the adjudicating officer within such time as may be prescribed.
2. (2) The authorised officer shall detain the seized fishing vessel, at such place and in such manner as may be prescribed.
3. (3) The authorised officer may seize any fishing gear or fish aggregating devices as are prohibited for use under section 5, if he has found such fishing gear or fish aggregating devices onboard the fishing vessel, or used for the purpose of fishing or fishingrelated activities and shall submit a report under sub-section (1) of section 13 to the adjudicating officer within seven days from the date of such seizure.
4. (4) In the absence of suitable facilities for the storage of the fish seized, and where the authorised officer considers the disposal of such fish necessary, dispose of such fish and deposit the proceeds thereof in such manner as may be prescribed.

1. (1) Where the authorised officer has reasonable grounds to believe that a fishing vessel is being or has been used in contravention of any of the provisions of this Regulation or of any order, notification or rules issued or made thereunder or any of the conditions of the licence granted under this Regulation, he shall prepare and submit a report thereof to the adjudicating officer regarding the contravention committed, in such form and manner as may be prescribed.
2. (2) The adjudicating officer referred to in sub-section (1) shall be any officer of the Department or Central Government, not below the rank of Deputy Director of Fisheries authorised by the Administrator, by notification, to exercise the powers conferred on, and discharge the duties imposed upon, by this Regulation for such areas as may be specified therein.
3. (3) The adjudicating officer appointed under sub-section (2) shall be at least one rank above the rank of authorised officer.
4. (4) Upon receipt of the report from the authorised officer, the adjudicating officer shall hold an inquiry into the matter mentioned in the report in such manner as may be prescribed, and after being satisfied that a contravention has been committed, shall issue a notice to the owner or Master of the fishing vessel requiring him to show cause as to why penalty should not be levied or other action should not be taken against him under this Regulation: Provided that the adjudicating officer shall along with such notice, provide a copy of the report submitted by the authorised officer under sub-section (1) and all other relevant material to the owner or Master of the fishing vessel, as the case may be: Provided further that any fishing vessel seized or fishing gear seized under section 12, shall be released if no notice under this sub-section is issued within a period of fourteen days from the date of seizure of such fishing vessel or fishing gear.
5. (5) The owner or Master of the fishing vessel, as the case may be, may at any time, before or after the issuance of a notice under sub-section (4), may make an application before the adjudicating officer for release of the fishing vessel seized under sub-section (1) of section 12, and the adjudicating officer shall release such seized fishing vessel upon the owner or Master, as the case may be, furnishing a security deposit in the form of bond or such other form, subject to such conditions as may be prescribed: Provided that any such bond furnished shall automatically stand discharged, if no notice under sub-section (4) is issued within a period of fourteen days from the date of seizure of such fishing vessel: Provided further that if no application for release is made by the owner or Master, as the case may be, in respect of any seized fishing vessel within a period of six months from the date of receipt of a notice under sub-section (4), the adjudicating officer shall declare the seized fishing vessel as abandoned and upon such declaration, the fishing vessel shall vest with the Administration, free from all encumbrances and such fishing vessel may be disposed of by the Administration in such manner as may be prescribed.
6. (6) The owner or Master of a fishing vessel, who has received a notice under sub-section (4), shall file his reply before the adjudicating officer within a period of thirty days from the date of receipt of such notice.
7. (7) The adjudicating officer shall, upon considering the reply of the owner or Master of the fishing vessel who has received a notice under sub-section (4), if any, placed before him and after providing an opportunity of being heard to such owner or Master, either pass an order in accordance with section 17 or dismiss the proceedings, as the case may be: Provided that any fishing vessel seized and released pursuant to an application made under sub-section (5) shall be liable to be seized by the adjudicating officer under section 15, in such manner as may be prescribed: Provided further that any fishing gear seized under section 12 shall be liable to be dealt with in such manner as provided in section 15: Provided also that any fishing vessel seized under section 12, in respect of which any security deposit in the form of bond or such other form is furnished by the owner or Master of the fishing vessel shall automatically be discharged upon dismissal of the proceedings: Provided also that any fishing gear seized under section 12 shall be released upon dismissal of the proceedings.