The Nagaland Fisheries Act, 1980

THE NAGALAND FISHERIES ACT, 1980

(NAGALAND ACT NO. 2 OF 1982)

(Received the assent of the Governor on 24-12-81 and published in the Nagaland Gazette extraordinary dated 3rd Mwvh, 1981).

An

Act

To provide for certain matter relating to fisheries in the State of Nagaland. It is hereby enacted in the thirty-first year of the Republic of India as follows : —

(1) This Act may be called the Nagaland Fisheries Act., 1980. (2) It extends to the whole of the State of Nagaland. (3) This section shall come into force at once and the remaining sections will come into force on such date, for such period and in such area as the State Government may by notification in the official Gazette specify in this behalf.

In this Act., unless there is anything repugnant to the subject or context (1) "Fish" includes fish, Turtless, Dolphins, aquatic plants as Fisheries, Whale and fish in all States in its life history. (2) "Fixed engines" means any net, cage, fishing fence, anchored long line, trap or other contrivance for taking fish, fixed in the soil or made stationery in any other way. (3) "Fishery officer" means any person appointed by the State Government to carry out all or any of the purposes of this Act or to do anything required by this Act or any rule made thereunder provide that no police officer belew the rank of a sub-inspector shall be so appointed. (4) "Fishing Offence" means an offence punishable under the provisions of this Act. (5) "Private Water" means water which is the property of any person, or in which any person has for the time being an exclusive right of Fishery whether as owner, leasee or in any other capacity, and includes tanks, ponds, artificial lakes, etc. excavated at the expense of the owner, which have no communication in the rainy season with natural waters, such as rivers, canals streams and Jhils. Explanation Water shall not cease to be 'private water' within the meaning of this defmation by reason only that other persons, may have by usage or custom a right of Fishery therein. (6) "State Government" means State Government of Nagaland. (7) "There is no any specified waters referred in rule No. 3 which may not be applicable to all waters, the Fisheries Department shall specify from time to time the list of waters after proper survey of the resources in the State, through notification.

(1) The State Government may make rules for the purpose mentioned hereinafter in this section and shall under such rules declare the waters which all or any of them shall apply. (2) The State Government may be notification in the Official Gazette, apply such rules or any of them to any private water with the consent in writing of the owner thereof and of all other persons having for the time being any exclusive right to Fishery therein or if the State Government is satisfied that the consent is unreasonablywithheld without such consent: Provided that not rules made under this section shall apply to any religious waters. Note: "Religious Water" means water belonging to a religious body or Institution and which have never been fished before on account of any restriction on religious grounds. (3) Such rules may: (a) Prohibit or regulate or any of the following matters that is to say (i) The erection and use of fixed engines: (ii) The construction, temporary or permanent of wire dams and bund and (iii) The dimension and kind of nets and size of mesh or any other fish contrivance to be used and mode of using therein. (b) Prohibit the destruction of or attempt to destroy fish by gun, spear, bow and arrows or like instrument; dynamiting, poisonning of waters or pollution of waters by trade effluent: (c) Prohibit the capture of or attempt to capture or kill-broad fish (fish carrying eggs sperms) or catching or sale of any spawn or young fishe in breeding seasons. (d) Prohibit fishing except under license or regulate the granting of such licenses, the charges of fees thereof and the conditions to be inserted therein. (e) Prescribed a minimum size or weight below which no fish of any prescribed species shall be killed or sold. (f) Prescribed seasons in which the killing or catching or sale of any spawn, young or adult fish, of any prescribed species shall be prohibited (g) Prohibit fishing in any specific water for specified water for specified period. (h) Regulate the export of fish outside any area or areas and price at which fish may be brought or sold in specified markets of all or any specified species. (i) Require the owner, mortgage with possession or leasee of any rank of Jhil for the stocking of fish; (j) Prescribed the formation of association or societies and the collection of funds for the uplift of fisherman and promotion of the fishing industry.

In making any rules under this section the State Government may provide for: (a) the seizure, removal and forfeiture of any apparatus erected or used for fishing in contravention of the rules: (b) the forfeiture of any fish taken by means of any such apparatus, and (c) the confiscation of any consignment of fish held or transported in contravention of the rules.

(1) The power to make rules under this section shall be subject to the condition of the rules being made after previous publication. (2) Every rule made under this section shall be laid as soon as may be, after it is made, before the Assembly while it is in session for a total period of seven days which may be comprised in one session or in two successive sessions if, before the expiry following, the Assembly agree in making any modification in the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so however that any such modification or annul ment shall be without prejudice to the validity of anything previously done under this rule. Provided that this rule shall not apply to the fishing operation of the Fisheries Department conducted under the orders of an officer not below the rank of Superintendent of Fisheries.

The State Government may by notification in the Official Gazette prohibit in such area or areas as may be specified in that behalf, the offering or exposing for sale or barter of any fish, killed in convtravention of any rule made under sub-section (3) of section 3.

The breach of any rule made under Section 3 or any prohibition notified under section 4, shall be punished : — (i) on the first conviction with imprisonment of either description for a term which may extend to two months or with fine which may extend to five hundred Rupees with both. (ii) on every subsequent conviction, with imprisonment of either description for a term which may extend to five thousand rupees or with both.

(i) Any Fishery officer, Police officer not below the rank of a Sub-Inspector or any other person, specially empowered by the State Government in the behalf may arrest without warrant any person committing or attempting to commit, in his view a fishing offence : — (a) if the name and address of the person are not known to him and (b) if the person declines to give his name and address if there is reason to doubt the accuracy of the name and address, if given. (ii) A person arrested under this section may be detained until his name and address have been correctly ascertained: Provided that no person arrested shall, be detained longer than may be necessary for bringing him before a Magistrate, except under the order of a Magistrate for his detention. (iii) Every Fishary officer shall have the same powers of search and investigation relating to fishing offence as a Police officer of the rank of Sub-Inspector has under the code of Criminal Procedure 1973 (Act 2 of 1974). (a) to accept from anyperson concerning whom evidence exists which if unrebutted, would prove that he has committed any first column of the Schedule, a sum of money by way of compensation for the offence with regard to which such evidence exists and on the payment of such sum to such officer, such person, if in custody shall be released and no further proceedings shall be taken against him.

(b) to release any property that has been seized as liable to confiscation without further payment or on payment the value thereof as estimated by such officer and on the payment of such value, such property shall be released and no further proceedings shall be taken in respect thereof : —

(ii) The sum of money accepted as compensation under Clause (a) Sub-section (1) shall in no case exceed the amount acceptable as compensation in the second column of the Schedule for the particular offence described in the first column thereof.

No court shall take cognizance of any offence under this Act, except on the complaint of a Fishery officer or of a Police officer not below the rank of a Sub-Inspector or any other person or class of persons authorised by the State Government in this behalf.

Maximum amounts acceptable, as compensation for certain fishing offences under Section-8. Description Maximum amount of offences acceptable as compensation 1 2 Fishing within net having smaller Rs. 500.00/— mesh than that prescribed under (Rupees five hundred) the rules made under the Act. 2. Fishing without a licence. Rs. 500.00/— (Rupees five hundred) 3. Killing or catching or selling or Rs. 500.00/— attempting to kill, catch or sell (Rupees five hundred) fish of a size or weight less than the standard prescribed under this Act. 4. Killing or catching or selling or Rs. 500.00/— attempting to kill catch or sell (Rupees five hundred) any fish a prohibited species during a close season. 5. Fishing or attempting to fish, with Rs. 500.00/— any gear other than permitted (Rupees five hundred) under the rules. 6. Fishing or attempting to fish with Rs. 500.00/- chemicals or any other obnoious (Rupees five hundred) or dynamites etc. 7. Licence holders employing or Rs. 500.00/- engaging non-licencee to help (Rupees five hundred) them with their nets while fishing. 8. Fishing or attempting to fish in Rs. 500.00/— prohibited waters. (Rupees five hundred) 9. Offering or exposing for sale or Rs. 500.00/— barter any fish the sale of which (Rupees five hundred) is prohibited in any specified area by notification issued under section 4. 10. Selling or attempting to sell fish Rs. 500.00/— for price above the specified (Rupees five hundred) market value. 11. Exporting or attempting to export Rs. 500.00/— fish in cotravention of any rule (Rupees five hundred) made under clause (g) of Sub section (3) of section 3.