Chapter II REGULATION OF FISHING

1. (1) The State Government may, having regard to the matters referred to in sub-section (2) and after consultation with 1[the Advisory and Monitoring Committee], by order notified in the Official Gazette, regulate, restrict or prohibit,-
   • (a) the fishing in any specified area by such class or classes of fishing vessels as may be specified ; or
   • (b) the number of fishing vessels which may be used for fishing in any specified area ; or
   • (c) the catching in any specified area of such species of fish and for such period as may be specified in the orders ; or 2[(c-i) number of crew members and fishing gear in case of different fishing vessels and types of fishing; or]
   • (d) the use of such fishing gear in any specified area as may be prescribed.
2. (2) In making an order under sub-section (1), the State Government shall have regard to the following matters, namely :-
   • (a) the need to protect the interests of different sections of persons engaged in fishing, particularly those engaged in fishing using traditional fishing craft such as country craft or canoe ;
   • (b) The need to conserve fish and to regulate fishing on a scientific basis 3[and for sustainable Fishing ;]
   • (c) the need to maintain law and order in the sea ;
   • (d) any other matter that may be prescribed. 4[(3) The fishermen and their co-operative societies shall be bound to comply with any instructions or directions issued by the Coastal Police and officers of Fisheries Department, from time to time, for safety of fishermen and law and order.]

No owner or 1[master or operator (tandel)] of a fishing vessel shall use, or cause or allow to be used, such fishing vessel for fishing in any manner which contravenes an order made under section 4 : Provided that nothing in such order shall be construed as preventing the passage of any fishing vessel from, or to, the shore, through any specified area to, or from any area other than specified area, for the purpose of fishing in such other area or for any other purpose : Provided further that the passing of such fishing vessel through any specified area shall not in any manner cause any damage to any fishing nets or tackles belonging to any person who engages in fishing in the specified area by using any 2[non-motorized vessel or motorized vessel or mechanized vessel.]

1. (1) The owner of a fishing vessel may make an application to the Licensing Officer for the grant of a licence for using such fishing vessel for fishing in any specified area.
2. (2) Every application under sub-section (1) shall be in such form, contain such particulars, and be accompanied by such fees, as may be prescribed.
3. (3) The Licensing Officer may after making such inquiry as he deems fit and having regard to the matters referred to in sub-section (4), either grant or refuse to grant, to the owner of the fishing vessel, a licence for using such fishing vessel for fishing in the specified area or specified areas mentioned in such licence : Provided that, before making any order refusing to grant a licence, the Licensing Officer shall give a reasonable opportunity of being heard to the applicant.
4. (4) In granting or refusing licence under sub-section (3), the Licensing Officer shall have regard to the following matters, namely :-
   • (a) whether the fishing vessel is a registered fishing vessel;
   • (b) the condition of the fishing vessel, including the accessories and fishing gear with which it is fitted ;
   • (c) any order made under section 4 ; 1[(c-i) whether the fishing vessel has seaworthiness certificate of such authority as may be prescribed;] 2[(c-ii) whether master or operator (tandel) who operated motorized or mechanized fishing vessels possess license and are trained in sea navigation;]
   • (d) any other matter that may be prescribed.
5. (5) A licence granted under this section shall be in such form and subject to such conditions, including conditions as to payment of such fees and furnishing such security for the due performance of the conditions, as may be prescribed : Provided that different fees, and different amounts by way of security, may be prescribed in respect of licences for different classes of fishing vessels.
6. (6) A licence granted under this section shall be valid for a period of three years which may be renewed for similar periods from time to time.

No persons shall, after the commencement of this Act, carry on fishing in any specified area using a fishing vessel which is not licensed under section 6 : Provided that nothing in this section shall apply to any fishing vessel, which was being used for fishing immediately before the commencement of this Act, for a period of six months from such commencement, or such longer period as the State Government may, by notification in the Official Gazette, specify.

1. (1) If the Licensing Officer is satisfied, either on a reference made to him in this behalf or otherwise, that-
   • (a) a licence granted under section 6 has been obtained by miscrepresentation as to an essential fact; or
   • (b) the holder of licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this Act or any order or rule made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the Licensing Officer may, after giving the holder of the licence a reasonable opportunity of showing cause, suspend or cancel the licence or forfeit the whole or any part of the security, if any, furnished for the performance of the conditions, subject to which the licence has been granted.
2. (2) Subject to any rules that may be made in this behalf, the Licensing Officer may also vary or amend a licence granted under section 6, after recording the reasons therefor.

1[8A. Licensing of master or operator (tandel).- (1) The master or operator (tandel) of a motorized or mechanized fishing vessel shall make an application to the licensing officer for the grant of a license for operating such a fishing vessel.

1. (2) The master or operator (tandel) of a motorized or mechanized fishing vessel possessing such necessary qualification and such training certificate in sea navigation as may be prescribed shall be eligible to get a license for operating fishing vessel.
2. (3) Every application under sub-section (1) shall be in such form, contain such particulars, including necessary qualification and details of training, and be accompanied by such fees, as may be prescribed. A licence granted under this section shall be in such form and subject to such conditions, as may be prescribed.]

1. (1) The owner of very vessel used or intended to be used for purpose of fishing and kept in the State shall register such vessel under this Act.
2. (2) Every application for registration of such vessel shall be made by the owner thereof to the Registration Officer in such form, and shall be accompanied by such fees, as may be prescribed-
   • (a) before the expiration of one month from the date on which he first became the owner of such vessel; or
   • (b) before the expiration of three months from the commencement of this Act ; whichever is later : Provided that the Registration Officer may, for sufficient reason to be recorded in writing, extend the time-limit for registration by such period as he thinks fit.
3. (3) The Registration Officer shall issue to the owner of the vessel registered by him a certificate of Registration in the prescribed form and shall enter in a register to be kept by him, in such form as may be prescribed, the particulars of such certificate.
4. (4) Registration once made shall continue to be in force until it is cancelled by the Registration Officer.
5. (5) Every vessel registered under this section shall carry a registration mark, assigned to it by the Registration Officer, displayed in the prescribed manner.
6. (6) No vessel, other than a registered fishing vessel, shall be entitled to a licence under section 6.

1. (1) Every owner of the fishing vessel shall declare his base port in the application for registration of the vessel.
2. (2) After registration of the vessel at a specified port, the owner of the vessel shall operate the vessel only from that port.
3. (3) In case the owner of the vessel intends to operate the vessel from a port other than the port specified in the registration certificate, he shall apply in writing to the Registration Officer indicating clearly the name of the port and the period for which the vessel will operate from that port. He shall shift the base of operation only after obtaining permission in writing from the Registration Officer. The Registration Officer reserves the right to refuse permission or even to cancel the permission granted, after giving one month's notice and after giving reasonable opportunity to show cause to the owner. The owner of the vessel to whom permission granted is cancelled shall shift his vessel from the temporary port within 24 hours after receipt of such order cancelling the permission.

1. (1) Every owner of a registered fishing vessel shall furnish to the Registration Officer at the prescribed time and in the prescribed manner such returns as may be prescribed.
2. (2) The Registration Officer may inspect any registered fishing vessel at any time to verify the accuracy of any return made under this section.

Every decision of the Licensing Officer or the Registration Officer under section 6, section 8 or section 9, granting or refusing to grant licence for a fishing vessel or suspending, cancelling, varying or amending such licence or registration or cancellation of registration of a vessel, as the case may be, shall, subject to any right of appeal under section 13, be final.

1[13. Appeals against orders refusing grant of license or registration, etc.- (1) Any person aggrieved by an order of the Licensing Officer refusing to grant licence for a fishing vessel or suspending, cancelling, varying or amending such licence or of the Registration Officer refusing to register a vessel or cancelling the registration of such vessel may, within thirty days from the date on which the order is communicated to him, prefer an appeal to the First Appellate Authority i.e the Commissioner of Fisheries, Maharashtra State.

1. (2) Any person aggrieved by an order of the First Appellate Authority may, within thirty days from the date on which the order is communicated to him, prefer an appeal to the Second Appellate Authority i.e the Government: Provided that, the Appellate Authorities may entertain an appeal, after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
2. (3) On receipt of an appeal under sub-section (1) or (2), the Appellate Authority shall, after giving an appellant a reasonable opportunity of being heard, pass such orders thereon, as it deems fit, as expeditiously as possible.
3. (4) The order of the First Appellate Authority shall be final in case second appeal is not filed and in case the second appeal is filed then the order of the Second Appellate Authority shall be final.]