Chapter II Chapter II

Power to regulate, restrict or prohibit certain matters within specified area.-

1. (1) The Government may, having regard to the matters referred to in sub- section (2) by notification,-
   • (a) regulate, restrict or prohibit the fishing in any specified area by such class or classes of fishing vessels as may be specified in such notification; or
   • (b) regulate or restrict the number of fishing vessels which may be used for fishing in any specified area; or
   • (c) regulate, restrict or prohibit the catching in any specified area of such species of fish and for such period as may be specified in the notification; or
   • (d) regulate, restrict or prohibit the use of such fishing gear in any specified area as may be specified in the notification or
   • (e) fix the hours in a day during which any person may carry on fishing in any specified area using such class or classes of fishing vessels as may be specified in such notification.
2. (2) In issuing a notification under sub-section (1), the Government shall have regard to the following matters, namely:-
   • (a) the need to protect the interest of different sections of persons engaged in fishing particularly those engaged in fishing using traditional fishing craft such as catamaran, country craft or canoe;
   • (b) the need to conserve fish and to regulate fishing on a scientific basis;
   • (c) the need to maintain law and order in the sea;
   • (d) such other matters as may be prescribed.
3. (3) Notwithstanding anything contained in sub-sections (1) and (2), no owner or

master of a mechanised fishing vessel shall use or cause or allow to be used

such fishing vessel for fishing operation in the sea within three nautical miles from the coast line in the State and the owner or master of a mechanised fishing vessel shall use or cause or allow to be used such mechanised fishing vessels only beyond three nautical miles from the coast line in the State and such operation beyond three nautical miles shall be subject to the condition specified in the Schedule to this Act.

1. (4) Notwithstanding anything contained in sub-section (1) and (2), no owner or master of a deep sea fishing vessels shall use or cause or allow to be used such fishing vessels for fishing operation in the sea within three nautical miles from the coastline in the State and the owner or master or a deep sea fishing

vessels shall use or cause or allow to be used such deep sea fishing vessel

only beyond three nautical miles from the coastline in the State and such operation beyond three nautical miles shall be subject to such conditions as the

Prohibition of use of fishing vessel in contravention of any notification made under section 5.

No owner or master of a fishing vessel shall use, or cause or allow to be used, such fishing vessel for fishing in any manner, which contravenes a notification, issued under section 5: Provided that nothing in such notification 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 a 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 traditional fishing craft such as catamaran, country craft or canoe.

1. (1) The owner of a fishing vessel may make an application to the authorised 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 with such fees, as may be prescribed.
3. (3) The authorised officer may, after making such enquiry 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 vessels, a licence for using such fishing vessel for fishing in the specified area or specified areas.
4. (4) In granting or refusing licence under sub-section (3), the authorised officer shall have regard to the following, 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 notification issued under section 5;
   • (d) such other matter as 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 the period specified therein or for such extended period as the authorised officer may think fit to allow in any case.

No person shall, after the commencement of this Act, carry on fishing in any specified area using a fishing vessel, which is not licensed, under section 7. Provided that nothing in this section shall apply to any fishing vessel, which was being used for fishing immediately before the commencement of this

Cancellation, suspension, variation and amendment of licences and cancellation and suspension certificate of registration.-

1. (1) If the authorised officer is satisfied either in a reference made to him on this behalf or otherwise, that-
   • (a) a licence granted under section 7 has been obtained by misrepresentation 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 notification issued 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 said authorised officer may, after giving the holder of the licence a reasonable opportunity of showing cause, cancel or suspend the licence or forfeit the whole or any part of security, if any, furnished for the due 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 authorised officer may also vary or amend a licence granted under section 7.
3. (3) If the authorised officer is satisfied either on a reference made to him in this behalf or otherwise, that-
   • (a) a certificate of registration issued under section 10 has been obtained by misrepresentation as to an essential fact; or
   • (b) the holder of a certificate of registration has, without reasonable cause, failed to comply with the conditions subject to which the certificate of registration has been issued or has contravened any of the provisions of this Act, or any notification issued, or rule made thereunder, then, without prejudice to any other penalty to which the holder of the certificate of registration a reasonable opportunity of showing cause, cancel or suspend the certificate of registration.

1. (1) The owner of every fishing vessel not being a fishing vessel registered under section 11 of the Marine Product Export Development Authority Act, 1972 (Central Act 13 of 1972) , shall register such fishing vessel under this Act.
2. (2) Every application for registration of such fishing vessel shall be made by the owner thereof to the authorised officer in such form, and shall be accompanied by such fees, as may be prescribed-
   • (a) before the expiration of the one month from the date of which he first became the owner of such fishing vessel; or
   • (b) before the expiration of three months from the commencement of this

Act; whichever is later.

Provided that the authorised officer may, for sufficient reason to be recorded in writing extend the time limit for registration by such period as he thinks fit.

1. (3) The authorised officer shall issue to the owner of the fishing 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.
2. (4) The certificate of registration once issued shall continue to be in force unless it is cancelled or suspended by the authorised officer.
3. (5) Every fishing vessel registered under this section shall carry a registration mark, assigned to it by the authorised officer, displayed in the prescribed manner.
4. (6) No fishing vessel, other than a registered fishing vessel, shall be entitled to a licence under section 7.

Where a registerd fishing vessel moves from the area of one port to the area of another port, the owner of such fishing vessel shall give information to that effect, in the prescribed manner, to the authorised officer by whom such fishing vessel was registered and also to the Port Officer having jurisdiction over the area whereto such fishing vessel has been moved.

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

Every decision of the authorised officer under section 7, section 9 or section 10, granting or refusing to grant licence for a fishing vessel or cancelling, suspending, varying or amending such licence, registering or cancelling or

suspending the certificate of registration of a fishing vessel shall subject to any

right of appeal under section 14 be final.

1. (1) Any person aggrieved by an order of the authorised officer refusing to grant licence for a fishing vessel or cancelling, suspending or varying or amending such licence or refusing to register a vessel or cancelling or suspending the certificate of registration of such vessel may, within thirty days from the date on which the order is communicated to him prefer an appeal to the appellate authority: Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days but before the expiry of sixty days from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
2. (2) On receipt of an appeal under sub-section (1), the appellate authority shall after giving the appellant a reasonable opportunity of being heard, pass such orders thereon as it deems fit as expeditiously as possible.
3. (3) Every order passed by the appellate authority under this section shall be final.