Chapter I PRELIMINARY

1. (1) This Act may be called the Maharashtra Marine Fishing Regulation Act, 1981.
2. (2) It extends to the whole of the State of Maharashtra (including the territorial waters).
3. (3) It shall come into force on such date1 as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,- 1[(a) "Adjudicating Officer" means the Assistant Commissioner of Fisheries having jurisdiction to exercise the powers conferred on, and discharge the duties imposed upon, an Adjudicating Officer by this Act ;] 2[(a-i) "Advisory and Monitoring Committee" means the State Advisory and Monitoring Committee constituted under section 3;] 3* * * **

1. (c) "Enforcement Officer" means the Assistant Fisheries Development Officer having jurisdiction, and includes any other Officer of the 4[Commissionerate of Fisheries], not below the rank of Assistant Fisheries Development Officer, authorised by the State Government, by notification in the Official Gazette, to exercise the powers conferred on, and discharge the duties imposed upon, an Enforcement Officer by this Act, in such area as may be specified in the notification ; 5[(c-i) "fish" means finfish, molluscs, crustaceans and all other forms of marine animal and plants other than marine mammals, reptiles and sea birds ; (c-ii) "fisheries" means "fishing" and "fishing related activities" and includes,-
   • (i) searching for or tracking or trailing or pursuing fish;
   • (ii) catching or taking or harvesting of fish by any method;
   • (iii) landing, packaging, marketing, processing, preserving, transshipping or transporting of fish ;
   • (iv) any operations at sea directly linked to any activity described under this clause ; (c-iii) "fishing gear" means tools such as any net, cage, trap or other contrivance used to capture "fish" and used in "fishing related activities" ;] 6[(d) "fishing vessel" means a boat, ship or vessel, whether or not fitted with mechanical means of propulsion, which is engaged in sea fishing for profit, and includes,-
   • (i) a non-motorized vessel,
   • (ii) a motorized vessel, and
   • (iii) a mechanized vessel, engaged in sea fishing for profit ;]
2. (e) "Licensing Officer" means the Assistant Fisheries Development Officer having jurisdiction, and includes any other officer of the 7[Commissionerate of Fisheries], not below the rank of Assistant Fisheries Development Officer, authorised by the State Government, by notification in the Official Gazette, to exercise the powers conferred on, and discharge the duties imposed upon, a Licensing Officer by this Act, in such area as may be specified in the notification ; 8[(e-i) "master", in relation to a fishing vessel, means any person having command or charge of the vessel or having the responsibility of the vessel ; (e-ii) "mechanized vessel" means any fishing vessel with engine permanently fitted in the hull, which uses machine power for propulsion as well as fishing operation like casting and pulling of fishing gear, engaged in sea fishing for profit ; (e-iii) "motorized vessel" means any fishing vessel that has an engine fitted outside or inside on vessel which is used only for propulsion and not for fishing operation ; (e-iv) "non-motorized vessel" means any fishing vessel that does not use any engine (mechanical) power for propulsion as well as fishing operation ; (e-v) "operator" (tandel) means any person or enterprise, that controls the operation or management of a fishing vessel or who has assumed the responsibility for the operation of the vessel ; (e-vi) "owner", in relation to a fishing vessel, means the owner of the vessel as well as any other person, including any organization or association of person, whether incorporated or not, by whom the vessel or a share in the vessel is owned ;]
3. (f) "Port" means the space within such limits as may, from time to time, be defined by the State Government, by notification in the Official Gazette, for the purpose of this Act ;
4. (g) "prescribed" means prescribed by rules made under this Act ;
5. (h) "registered fishing vessel" means a fishing vessel registered under section 9 ; 9[(i) "Registration Officer" means the Assistant Commissioner of Fisheries and includes any other Officer authorised by the State Government by notification in the Official Gazette, to exercise the powers conferred on, and discharge the duties imposed upon, a Registration Officer by this Act, in such area as may be specified in the notification ;]
6. (j) "specified area" means such area in the sea along the entire coast line of the State, but not beyond territorial waters, as may be specified by the State Government, by notification in the Official Gazette ;
7. (k) "State" means the State of Maharashtra, and includes the territorial waters along the entire coast line of that State; 10[(l) "sustainable fishing" means fishing activities that do not cause or lead to undesirable changes in the biological and economic productivity, biological diversity or ecosystem structure and functioning from one human generation to the next.]

3. 1[Constitution of Advisory and Monitoring Committee].- 2[(1) There shall be a State Advisory and Monitoring Committee to exercise the powers conferred on and discharge the duties imposed upon it under this Act. (1-A) The State Advisory and Monitoring Committee shall consist of the following members, namely:- (i)Commissioner of Fisheries, Maharashtra StateChairperson ; (ii)Divisional Commissioner of Konkan Division or his representative Member ;(iii)Chief Executive Officer of Maharashtra Maritime BoardMember ;(iv)Deputy Inspector General of Indian Coast GuardMember ;(v)Inspector General of Police, Coastal Security and SecurityMember ;(vi)Deputy Secretary (Fisheries), Agriculture, Animal Husbandry, Dairy Development and Fisheries DepartmentMember ;(viii)Joint Commissioner of Fisheries (Marine) Member - Secretary. (1-B) The Advisory and Monitoring Committee may invite two representatives from the Central or State Government recognized research institute having knowledge in fisheries as special invitees. The special invitees may participate in the discussion in the meeting of the Advisory and Monitoring Committee, but they shall not have right to vote. (1-C) The Advisory and Monitoring Committee shall recommend to the State Government the regulations to be enforced under Chapter II. The Advisory and Monitoring Committee may take into consideration recommendations of the District Committees, if any, before recommending the said regulations to the State Government. The Advisory and Monitoring Committee shall coordinate, monitor and give advice or directions to the District Committees, in exercise of the powers conferred on, and duties imposed upon them under this Act.]

1. (2) The 3[Advisory and Monitoring Committee shall recommend] the State Government on the following issue which may come up for consideration while enforcing the Act :-
   • (i) reservation of specified areas of the sea for fishing by vessels of a specified type ;
   • (ii) prohibition of vessels of specified type or specified types from fishing in any specified area ;
   • (iii) laying down maximum number of fishing vessels of specified type to be allowed for fishing in specified area ;
   • (iv) laying down the maximum number of fishing vessels of specified types to be registered in each of the ports in the District ;
   • (v) regulation or prohibition to catch specified species of fish in any specified areas ;
   • (vi) regulation or prohibition of specified fishing gear in specified areas ;
   • (vii) prescribe timings for fishing operations where necessary;
   • (viii) any other matter which would facilitate effective enforcement of the provisions of the Act. 4[(3) (a) There shall be a District Committee for each coastal district, with Collector as the Chairperson; and Superintendent of Police, Commandant Coast Guard and Port Officer as the Members; and Assistant Commissioner, Fisheries as a Member-Secretary.
   • (b) The Chairperson shall co-opt representatives of the other Government Departments and of the fishermen and trade, as he may deem fit.
   • (c) The District Committee shall recommend to the Advisory and Monitoring Committee the regulations to be enforced under Chapter II in the District.]