Mizoram Fisheries Act, 2002

1. (1) This Act may be called the Mizoram Fisheries (Amendment) Act 2022.
2. (2) It shall have the like extend as the Principal Act.
3. (3) It shall come into force on the date of publication in the Official Gazette.

In this Act, unless the context otherwise requires:-

1. (a) “closed season” means such period as declared by the Government so that breeding and spawning or migration of fish are not hampered during that period and the fish is allowed to breed at least once in its life time;
2. (b) “economic variety fish” means fishes having good growth, good market value and good acceptability by the consumers both in culture and capture fisheries;
3. (c) “fish” includes finfish, shellfish, turtle and any other aquatic organisms of economic and ecological importance in all stages of its life;
4. (d) “Fishery Officer” means Director of Fisheries and includes any officers serving under the Department of Fisheries or class of officers empowered by the State Government to act as Fishery Officer;
5. (e) “Fish Sanctuary” means water bodies or a portion of the water bodies where fish congregates for certain period of the year either for breeding, migration or any other purposes, as may be notified by the Government;
6. (f) “Fishery Warden” means any person or persons appointed by the Government to discharge duties and exercise power as Fishery Warden for protection and conservation of fishes from unlawful taking, catching and destruction;
7. (g) “fixed engine” means any cage, net, trap or other contrivance for taking fish, fixed in the water/river bed or made stationary in any other way;
8. (h) “Government” means the State Government of Mizoram;
   • (i) “Government Water Bodies” means rivers and its tributaries within the State of Mizoram, including all impoundment for the purpose of generating Hydro-electricity, Irrigation, Water Harvesting Dam or any impoundment, ponds, tank, natural lake, fish sanctuary and derelict impoundment which does not fall under private waters;
9. (j) “Indigenous fishes” means the variety/species naturally available in the water bodies within the State;
10. (k) “Official Gazette” means the Mizoram Gazette;
11. (l) “prescribed” means prescribed by rules made under this Act;
12. (m) “Private Water” means any water-
    • (i) which is the exclusive property of any private person, or
    • (ii) in which any person has, for the time being, an exclusive right of fishery, whether as an owner, lessee, or in any other capacity;
    • (iii) but does not include any river, canal, stream or any other piece of water which has direct linkage with any river, rivulet, canal or stream; Explanation: Water shall not cease to be “private water” by means only of the fact that a person other than the owner thereof may have by custom a right of fishery therein;
13. (n) “Schedule” means schedule appended to this Act.

The State Government shall have supreme control over the Government water bodies as defined in this Act, both in capture and culture sector in the State of Mizoram, to which this Act extends for the purposes of fisheries.

1. (1) The Government may appoint such person or persons as it may deem fit and proper to discharge duties and to exercise power as the Fishery Warden in each District to be headed by a Chief Fisheries Warden at the state level.
2. (2) The Fishery Warden shall assist the Fishery Officers in the protection and conservation of fishes from unlawful taking, catching or destruction.
3. (3) The term of appointment of the Fishery Warden shall be as are provided in the rules made under this Act.
4. (4) Notwithstanding anything provided in sub-section (1), no officer below the rank of Fisheries Extension Officer shall be appointed to be a Fishery Warden or to discharge duties and exercise powers as such under this Act.
5. (5) The Government may constitute Fishery Conservation Board at the State, District and Village level.

1. (1) The Government shall declare a certain period during each calendar year to be a closed season for economic variety of fishes as may be specified in the rules so as to allow such fishes to avail safe breeding against destruction or disturbance and during which no person shall catch or kill such fishes.
2. (2) Separate closed seasons may be declared for separate variety of fishes or for indigenous fishes.
3. (3) The Government shall declare certain portion of any Government water body as fish sanctuary and no person shall catch or kill fishes in any such fish sanctuary at any time of the year.
4. (4) Any person who violates the provision in section 5 sub-section (1),
5. (2) and
6. (3) above shall, on conviction, be punished with imprisonment of one month which may extend to three months or a fine not exceeding Rupees Five thousand or both.

1. (1) No person shall, with intent to catch, take or dispose of any fish in any Government water body,-
   • (a) use dynamite or other explosive substances, in whatever form it may be;
   • (b) put any poison, lime, or other toxious materials;
   • (c) fix any fixed engines or nets or use of any electrical or mechanical devices or any kind of trap;
   • (d) catch, take, net, angle or, appropriate except in accordance with the provisions of the rules made under this Act;
   • (e) Any of the following acts or commission shall constitute an offence, namely:-
     • (i) Wanton killing of fish juveniles, fish brooders and other organisms which otherwise have economic aesthetic significant biodiversity effect on the fisheries is prohibited;
     • (ii) Making any obstruction or restriction which prevent movement of fish in any form in any Government water bodies shall be punishable offence;
     • (iii) Making any diversion of natural waters for killing of fishes is an offence;
     • (iv) Disturbing or destroying natural breeding grounds in any Government water bodies by any means shall be cognizable offence;
     • (v) Dumping of wastes or pollution from factory effluents to any Government water bodies;
     • (vi) Fishing or killing or sale of fishes from Government water bodies during closed seasons;
     • (vii) Catching, vending or sale of fishes from Government water bodies below the permissible size and weight. The Government may by notification specify a permissible size or weight for a species or group of species.
     • (viii) Culture, seed production, rearing, distribution, marketing and release to any Government water bodies of fishes banned by either Central or State Government.
2. (2) Any person who violates the provision in sub-section (1)(a) above shall, on conviction, be punished with two months imprisonment which may extend upto four months or a fine not exceeding Rupees eight thousand or both.
3. (3) Any person who violates the provision in sub-section (1)(b) above shall, on conviction, be punished with six months imprisonment which may extend upto twelve months or a fine of Rupees Ten thousand which may extend upto Rupees Twenty thousand or both.
4. (4) Any person who violates the provisions in sub-section (1)
   • (c) ,
   • (d) and
   • (e) above shall, on conviction, be punished with one month imprisonment which may extend upto two months or a fine upto Rupees four thousand or both. Any undersize species of fish shall be liable to be confiscated by the authority.
5. (5) Offences punishable under sub-section (2),
6. (3) and
7. (4) shall be cognizable and bailable.

The Government may, by notification in the Official Gazette,-

1. (a) prohibit generally the offering or exposing for sale or barter of any fish which has been caught or procured unlawfully from any Government water body; or
2. (b) prohibit the offering or exposing for sale or barter of any fish the taking of which has been in contravention of sub-section

1. (1) of section 6 of this Act in the opinion of the Fishery Officer or Fishery Warden, and of such other fishes whether from Government water body or private water which are unhealthy for human consumption.
   • (c) Any person who violates any prohibitory order issued under section 7 shall, on conviction, be punished with imprisonment for a minimum term of seven days which may extend to thirty days or a fine of Rupees Two thousand five hundred.
   • (d) Offences punishable under Section 7 shall be cognizable and bailable.

1. (1) Any police officer not below the rank of Head-Constable or any Forest Officer not below the rank of Forester or any Fishery Officer or Fishery Warden may, without warrant, arrest or cause to be arrested any person who has, in his view, committed any offence punishable under section 5 or 6 or 7, as the case may be, if such person declines to give his correct name and address or if there is reason to suspect the accuracy of the name and addresses, if given.
2. (2) A person arrested under section 5 or 6 or 7 may be detained until his name and address have been ascertained correctly or his identity have been established satisfactorily, subject to the provisions contained in section 56-59 in particular and other related provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

1. (1) No Court inferior to that of the Magistrate of the First Class shall try any offence under this Act.
2. (2) No Court shall take cognizance of any offence under this Act, except on a complaint in writing of the facts constituting the offence made by a Fishery Officer or a Fishery Warden or a police officer not below the rank of Head-Constable or any forest officer not below the rank of Forester.

1. (1) Any offence specified in the scheduled may be compounded by such officer or authority as may be empowered by the State Government in this behalf by acceptance of a sum not less than Rupees two thousand.
2. (2) On compounding an offence, the accused shall be discharged and property seized from him/her shall be destroyed or confiscated.

1. (1) The Government may sanction grant-in-aid to fish farmers as per the provisions of rules made under this Act for development of fisheries.
2. (2) The Government may also set up such number of Fishery Demonstration Farms and Fish Seed Farms as it may deem fit for the encouragement of persons who are interested in the farming.
3. (3) The Government may culture and develop in the Fishery Demonstration Farms such economic variety of fishes and indigenous fishes as it may deem fit and proper, for supply to private persons interested in the management or development of fisheries or pisciculture.
4. (4) The Government may lease out its Farms to private or Societies through proper terms and conditions for a maximum period of five years.
5. (5) The Government may develop private or society lands for a certain period of time and develop Fish Seed or Feed Infrastructures through Public Private Partnership
   • (PPP) mode.
6. (6) The Government may approve, assist, register and issue Certificate to Hatcheries, Nurseries and Rearing Units, Fish Farms and Fish Feed manufacturing units.
7. (7) The Government shall have the right/power to check and examine Nurseries, Rearing Units or any Fish Farms at any time.
8. (8) The Government shall have the power to check, confiscate or destroy any consignment of fish seed and feed which violates the provisions of this Act.
9. (9) The Government shall ensure hygienic handling, transportation and storage of fish and fish products for domestic marketing.
10. (10) Government shall be responsible for conservation of fish fauna and replenishment of indigenous and economic variety fishes in Government water bodies.
11. (11) Whenever major dam is constructed across any major rivers of Mizoram, the Government shall ensure that passage for fishes in order to access breeding grounds and for migration is provided.

All persons empowered to exercise power and discharge duties by or under this Act shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Act No.45 of 1860).

No suit, prosecution or other legal proceeding shall lie against any Government official, for anything which is in good faith done or intended to be done under this Act.

Any amount of money due to the Government under this Act or the rules made there under shall be recoverable as public demand under the Mizoram Public Demands Recovery Act, 2001.

1. (1) The Government may make rules for carrying out the provisions of this Act.
2. (2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-
   • (a) term of appointment of the Fishery Warden;
   • (b) erection and use of fixed engines;
   • (c) dimension, size of mesh and kind of nets or fishing hooks to be used and manner of using them and conditions under which they may be used;
   • (d) use of more than one method of taking fish at one time;
   • (e) prescription of the closed season for various economic variety of fishes and that of indigenous variety of fishes;
   • (f) such other matters as the Government may deem proper for the better protection, conservation and improvement of fisheries in the State or in any specified areas within the State.
3. (3) Every rule made under this Act shall be laid, as soon as it is made, before the Mizoram Legislative Assembly while it is in session for a total period of seven days which may comprise in one session or in two successive sessions and if, before the expiry of the session it is laid, the Mizoram Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly is of the opinion that the rule should not be made, the rule shall thereafter have effect in such modified form or be of no effect, as the case may be.

On and from the commencement of this Act, the Lushai Hills Autonomous District Fisheries Act, 1953 shall stand repealed. Provided that notwithstanding such repeal, anything done or any action taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made or taken under this Act and shall continue to be in force until superseded by anything done or any action taken under the provisions of this Act.

Description of offences compoundable under section 10. 1. Fishing with a net having a smaller mesh than that prescribed. 2. Killing or taking or selling or attempting to kill, take, or sell any fish of a prohibited species during a closed season. 3. Catching, vending or sale of fishes below notified permissible size. 4. Using at any one time more than one method of taking fish, when prohibited under the rules made under this Act. 5. Fishing or attempting to fish in prohibited waters. 6. Offering or exposing for sale or barter of which is prohibited under section 7.