West Bengal Marine Fishing Regulation Act, 1993
No: 9 Dated: Jun, 14 1993
THE WEST BENGAL MARINE FISHING REGULATION ACT, 1993.
West Bengal Act IX of 1993
An Act to regulate marine fishing by fishing vessels along the coastline of the State.
Whereas it is necessary to regulate marine fishing by fishing vessels along the coastline of the State;
It is hereby enacted as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Marine Fishing Regulation Act, 1993.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may by notification appoint.
2. Definitions. - (1) In this Act, unless the context otherwise requires,-
(a) "adjudicating officer" means the Director of Fisheries, West Bengal, or any other officer, not below the rank of Assistant Director of Fisheries, authorised by the State Government by notification, to exercise the powers, conferred on, and discharge the duties imposed upon, the adjudicating officer by this Act for such area as may be specified in the notification;
(b) "appellate authority" means the Secretary, Fisheries Department, Government of West Bengal;
(c) "authorised officer" means such officer as the State Government may by notification authorise in respect of any matter in which a reference is made to such officer in this Act;
(d) "fishing vessel" means a ship or boat, whether or not fitted with mechanical means of propulsion, which is used or intended to be used for fishing within the specified area for profit, and includes-
(i) a catamaran,
(ii) a country craft,
(iii) a canoe, or
(iv) a vessel,
intended to carry or transport fish within the specified area for gain:
Provided that nothing in this clause shall apply to a vessel which is used in ferry service authorised by the State Government and carries fish owned by passenger on board;
(e) "port" means the space within such limits as may, from time to time, be defined by the State Government by notification for the purposes of this Act;
(f) "notification" means a notification published in the Official Gazette;
(g) "prescribed" means prescribed by rules made under this Act;
(h) "registered fishing vessel" means-
(i) a fishing vessel registered under section 11 of the Marine Products Export Development Authority Act, 1972, or
(ii) a fishing vessel registered under any other law for the time being in force, or
(iii) a fishing vessel registered under section 9 of this Act;
(i) "specified area" means such area in the sea along the entire coastfied by the State Government by notification;
(j) "State" means the State of West Bengal, and includes the territorial waters along the entire coastline thereof.
(2) For the purposes of this Act, "territorial waters" shall have the same meaning as in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976.
3. Authorisation of officers for the purpose of any provision of the Act. - The State Government may by notification authorise-
(a) any officer of the State Government, not below the rank of a District Fishery Officer or Deputy Superintendent of Police, or
(b) any Gazetted Officer of the Border Security Force or Coastal Guard, with the consent of the Central Government,
to exercise such of the powers conferred on, and discharge such of the duties imposed upon, an authorised officer under this Act and in such areas as may be specified in the notification.
CHAPTER II
Regulation of fishing
4. Power to regulate, restrict, or prohibit certain matters within specified areas. - (1) The State Government may, having regard to the provisions of sub-section (2), by order notified in the Official Gazette, regulate, restrict or prohibit the following matters:-
(a) the fishing in any specified area by such class or classes of fishing vessels as may be prescribed;
(b) the number, size and class of fishing vessels which may be used for fishing in any specified area;
(c) the catching in any specified area of such species of fish and for such period as may be specified in the notification;
(d) the use of such fishing gear indicating mesh, size or type of construction or by other general description in any specified area as may be prescribed.
(2) In making an order under sub-section (1), the State Government shall have regard to the following matters:-
(a) the need to protect the interests of different sections of persons engaged in fishing, particularly those engaged in fishing using fishing vessel 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) any other matter that may be prescribed.
5. Prohibition of use of fishing vessel in contravention of any order made under section 4. - No owner or master of a fishing vessel shall use, or cause or allow to be used, any fishing vessel for fishing in such manner as cause or allow to be used, any fishing vessel for fishing in such manner as 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, or to or from any area, other than a specified area, for the purpose of fishing in any 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 registered fishing vessel.
6. Prohibition of fishing using fishing vessels which are not licensed. - No person shall, after the commencement of this Act, carry on fishing in any specified area using a fishing vessel unless he has obtained in this behalf a licence in accordance with the provisions of this chapter:
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 such period as may be specified by the State Government by notification.
7. Licensing of fishing vessel. - (1) Every owner of a registered fishing vessel shall make an application in writing to the authorised officer for the grant of a licence for using such fishing vessel for fishing in any specified area.
(2) Every application under sub-section (1) shall be in such form, shall contain such particulars, and shall be accompanied by such fees, as may be prescribed.
(3) The authorised officer may, after making such enquiry as he deems fit and having regard to the provisions of 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.
(4) In granting or refusing a licence under sub-section (3), the authorised officer shall have regard to the following matters:-
(a) whether the fishing vessel is a registered fishing vessel;
(b) the condition of the fishing vessel including the accessories and the fishing gear attached to it;
(c) whether any order has been made under section 4;
(d) any other matter that may be prescribed.
(5) A licence granted under this section shall be in such form, and shall be subject to such conditions (including the conditions of payment of fees and furnishing of security for due compliance with the conditions), as may be prescribed:
Provided that different fees may be prescribed in respect of licences for different classes of fishing vessels.
(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.
(7) Where the authorised officer refuses to grant a licence, it shall record a brief statement of the reasons for such refusal.