No: 5 Dated: Apr, 12 2006

THE ARUNACHAL PRADESH FISHERIES ACT, 2006

(ACT NO. 5 OF 2006)

    An Act to provide for proper management, conservation and development of natural lisheries resources in the State of Arunachal Pradesh.

    BE it enacted by the Legislative Assembly ol Arunachal Pradesh in the Fifty-seventh Year of the Republic of lndia as Iollows :-

1. Short title, extent and commencement:- (1) This Act may be called the Arunachal Pradesh Fisheries Act, 2006.

(2) lt extends to the whole of Arunachal Pradesh except the Reserved Forests; Wildlile Sanctuaries, National Parks and Protected Forests as notified by the Government ol Arunachal Pradesh from time to time.

(3) lt shall come inlo lorce on such date as the Slale Government may by noti{ication in the Official Gazette, appoint.

2. Detinitions:- ln this Act, unless the context otherwise requires,

(1) "The Government" means the Government of Arunachal Pradesh ;

(2) "Deputy Commissioner" means Deputy Commissioner of a District which includes Additional Deputy Commissioner;

(3) "Fishery Office" means any Otficer appointed by the Government as Oistrict Fisheries Development Otficer or, Fishery Officer for the purpose of this Act to exercise the powers and perform the duties as District Fisheries Development Ofricer and Fishery Otficer respectively;

(4) "Fish" includes Iin fish, shell fish, tortoise and any other aquatic animals of economic importance;

(5) "Fishery" means the water bodies declared to be a fishery by proclamation issued under section 3 of this Act and will not include any such water bodies on which indigenous communities have acquired customary rights of lishing;

(6) "Prescribed" means prescribed in the rules f ramed under the Act;

(7) "Private Water' means water bodies which are the exclusive property ol any person or in which any person has, Ior the time being, exclusive right Ior Fishelies enhancements whether as owner, lessee or in any other capacity ; and

(8) "Fixed Engine" means any net, cage, trap or other contrivance for taking fish, fixed in the soil or, made stationary in any other way.

3. Right to Fisheries:- Right to fisheries shall be determined as follows:

(1) The Fishery Department shall manage all the natural water logged and swampy areas, lakes, beels, Fish Mahals, Rivers and Streams.

(2) The revenue earned lrom the natural resources developed and where pisciculture practices have been taken up bythe Department ol Fisherieswall be deposited in the Departmental Head olAccount.

(3) The revenue earned from other natural lishing areas where no pisciculture practices are involved, the revenue would be shared as under:

(i) 50 per cent ot the revenue would be deposited in the public exchequer.

(ii) 50 per cent of the revenue would be shared by the bodies (e.9. Gram Panchayat, Anchal Samity, Zilla Parishad as the case may be) or, in such proportions as may be prescribed in the rules.

(4) The Deputy Commissioner with the permission/ sanction ol the Government and in consultation with lhe concerned District Fisheries Development Olficer may, by notif ication in the prescribed manner, declare any group of water bodies, running or stagnant, except privale waters to be a fishery and shall be declared deemed to be acquired by the public or any persons (if interested lor the Fisheries development), immediately alter the enactment of this Bill and the rules made thereunder.

4. Destruction of fish by explosives or by bimilar/allied substances:- In any person uses dynamite or any olher explosive substances like crackers, hand grenade or similar explosives in any water intentionally, thereby to catch or destroy fishes therein, he/she shall be punishable with imprisonment, for a term which may exlend to lwo months, or with fine which may extend to two thousand rupees or with both