Marine Fisheries Regulation Act
An Act to provide for the regulation of fishing by fishing vessels in the sea along the coast line of the State. (1) This Act may be called the Kerala Marine Fishing Regulation Act, 1980. (2) It extends to the whole of the State of Kerala.
3. INTRODUCTION
• Fishing has been considered as a primary livelihood option since time immemorial,
• Coastal belt in India, stretching along 8129 kms.
• Fisheries play a predominant strategic role in the economic activity of our country by its
contribution to national income, food and employment.
• India’s Exclusive Economic Zone (EEZ): 2.02 million sq. km.
• 0.86 million sq. km on the west coast including the Lakshadweep Islands
• 1.16 million sq. km on the east coast, including the Andaman and Nicobar Islands
• Continental shelf of half (0.53) a million sq. km.
(Vivekananadan et al.,
2003).
4.
5. Entry 57 of List 1 of 7th Schedule of the Constitution
specifies Fishing and Fisheries beyond Territorial Waters as
Union Subject.
Entry 21of List II speaks of Fisheries as a State
Subject
6. The Government of India enacted the Indian Fisheries Act, which
came into being in 4 Feb, 1897.
Indian Fisheries Legislation
7. • Fish and fisheries - significant place in Indian history dating back to 3,000 B.C (Jhingran 1975).
• Indian Fisheries Act of 1897 - Step towards marine fisheries development and management with the
responsibility of fisheries administration (Chidambram 1982).
• This Act banned and penalized - usage of explosives and poisons to catch fish.
8. Marine Fishery Legislation in the Maritime States of India
There are 10 maritime states/union territories in India,
viz. Gujarat, Maharashtra, Karnataka, Goa and Kerala along
the west coast, bordering the Arabian Sea;
and
Tamil Nadu, Pondicherry, Andhra Pradesh, Orissa and West
Bengal along the east coast, bordering the Bay of Bengal.
The two island union territories, viz. Lakshadweep, and
Andaman and Nicobar Islands are situated in the Arabian
Sea and Bay of Bengal, respectively.
9. Various state governments have issued regulations under the Indian Fisheries Act 1897 for
regulation and protection of fisheries. The regulations concerning Indian marine fisheries are
listed below:
The Indian Fisheries Act, No. IV of 1897, Government of India
The Indian Fisheries Act as adopted and applied by the State of Saurashtra, 1897
The Mysore Game and Fish Preservation Act 2 of 1901, Government of Mysore
The Game and Fish Protection Regulation Act 12 of 1914, Government of Travancore
(1914) (modified 1921)
Cochin Fisheries Act 3 of 1917 (modified 1921), Government of Cochin
Andaman and Nicobar Islands Fisheries Regulation 1 of 1938
The United Provinces Fisheries Act 45 of 1948
Government of Travancore-Cochin Fisheries Act 34 of 1950
The Maharashtra Fisheries Act 1960 (modified 1962), Government of Maharashtra
10. The Indian Wildlife Act 1972. 2lb-The territorial waters, continental shelf, EEZ and other maritime zones
Act 1972
The Marine Products Export Development Authority Act 1972
The Maritime Zones of India (Regulation of fishing by foreign vessels) Act 1981
The Kerala Marine Fishing Regulation Act and Rules 1980 (Act 10 of 1981)
The Goa Marine Fishing Regulation Act, 1980
The Maharashtra Marine Fishing Regulation Act 1981, Government of Maharashtra
The Orissa Marine Fishing Regulation Act 981 (Orissa Act 10 of 1982) and the Orissa Marine Fishing
Regulation Rules 1983
The Tamil Nadu Marine Fishing Regulation Rules 1983
The Karnataka Marine Fishing Regulation Act, 1986
The Andhra Pradesh Marine Fishing Regulation Act, 1994
Lakshadweep Marine Fishing Regulation Act, 2000
The Gujarat Fisheries Act, 2003
Andaman and Nicobar Marine Fishing Regulation Act, 2003
11. • have provision for regulating fishing and conservation measures in the territorial waters.
• include regulation of mesh size to avoid catch of juvenile fish; minimum-maximum fish
sizes, regulation of gear to avoid over exploitation of certain species; reservation of zones to
traditional fishermen and declaration of closed seasons.
• These Acts demarcate fishing zones in territorial waters for fishing by non-mechanized and
mechanized fishing vessels.
• Registration and licensing of fishing vessels.
• In general, 5 to 10 km is reserved for operation by artisanal (non-mechanized) vessels.
Marine Fishing Regulation Acts
(MFRAs)
12. Kerala and Goa were the first to enact the Marine Fisheries Act in 1980
followed by
Maharashtra (1981), Orissa (1982), Tamil Nadu (1983), Karnataka (1986), West Bengal
(1993) and Andhra Pradesh (1994).
Lakshadweep, 2000.
Gujarat as well as Andaman and Nicobar islands enacted the Act in 2003.
13. Gujarat
As everybody is aware, Gujarat State has the longest
coastline (>1600km square) in India.
Major maritime state with a long history of trade in the
Arabian Sea.
Nearly 250 fishing villages (CMFRI, 2010) on the Gujarat
coastline, the three major fishing harbours are Veraval,
Porbandar and Mangrol.
14. The following Act of the Gujarat Legislature, having been assented
to by the Governor on the 11th March, 2003
V.M.KOTHARE,
Secretary to the Government of Gujarat
15. History of Gujarat Act No.8 OF
2003.
“The Gujarat Fisheries Act, 2003 has been enacted and the
Gujarat Fisheries Rules, 2003 have been made.
Provide for protection, conservation, development and regulation
of fisheries in inland and territorial waters
of
Gujarat.”
16. History of Gujarat Act No.8 of
2003.
It is hereby enacted in the Fifty-fourth Year of the Republic of
India
Amendment of section
2 of Guj. 8 of 2003.
Amendment of section
6 of Guj. 8 of 2003.
“To protect fish”, the words “and to ensure internal security” shall be
added.
Amendment of section
15 of Guj. 8 of 2003.
Provide to the seized vessel, the docking facility by the port
Produce the seized vessel or other things
Amendment of section
17 of Guj. 8 of 2003.
Imposing fine on the person entering the territorial water,”
17. Amendment of section
21 of Guj. 8 of 2003.
• Whoever enters the territorial waters with the fishing vessel from outside
the territorial waters of the state.
• Shall be punishable by the sub-divisional magistrate of the concerned area
with fine of rupees one lakh and five times the value of the fish captured
by such person.”
18. PROTECTION OF FISH:
1. Prohibition against destruction of fish by explosive & dynamites.
2. Prohibition against destruction of fish by poisoning of water.
3. Prohibition against introduction of exotic fish.
4. Power to make rules to protect fish.
19. Regulating the dimension and the kind of nets to be used and the mode of using.
Prohibiting all fishing in the specified waters for a period not exceeding two years
Prohibiting the use of any gun, spear, arrow
Prohibiting introduction of any kind of fish which may be harmful to species of fish,
without obtaining prior permission
Regulating the standard of sale of fish spawn, fry, fingerling and yearling;
Prohibiting the fishing and marketing of the fish during closed season.
Gujarat Assembly Passes Bill to Stop Fishermen From Entering Pakistan Waters.
20. REGULATION OF FISHING IN SPECIFIED AREA
• Powers to regulate, restrict or prohibit certain fishing activities within specified area.
• Prohibition of using fishing vessels which are not licensed.
• Licensing of fishing vessels.
• Cancellation, suspension and amendment of License.
• Registration of Vessel.
• Permission for operating vessel for the area other than specified in certificate of
registration.
• Returns to be furnished by owner of registered fishing vessel.
21. Licensing Officer shall regulate fishing vessels after consultation with national institute & Sate university.
Licensing Officer shall issue the fishing licenses after taking into account the capacity of the fishing harbour.
Every owner of a mechanized fishing vessel shall arrange to berth his vessel only in place allotted to him at the fishing
harbour.
Non-Mechanised fishing vessel shall be used for fishing within 5 nautical miles horizontally from the shore.
No person shall destroy mangroves.
No person shall collect biological specimen,, decorative fishes, live & dead marine products, corals & oysters etc. without
permission of concerned licensing officer.
No person shall catch whale shark, turtle & whales & other endangered protected animals under Wildlife Protection Act,
1972.
No person shall catch undersized fish, no processing plant owner or merchant shall purchase undersize fish for
marketing or transporting.
Ghost fishing is prohibited.
No person shall throw old nets, floats, tins, bottles, used cotton waste etc in sea or public water.
22. The area up to 9 km from the shore is reserved for non-mechanised vessels and
mechanised vessels beyond 9 km.
Trawl net: Square mesh of minimum 40mm size at cod end
No person shall use any drag net except for the weed fish eradication purpose with
the permission of the fishery officer.
No person shall use gill net in the Inland waters the mesh size less than 150mm.
Cod end size:
minimum
40mm.
Mesh size
< 150mm
23. Use of wounding gears, such as spears, arrows and
harpoons is prohibited in Gujrat
(Varkey et al. 2006).
24. The introduction of mechanised boats with inboard engines started in
1956, at first at Veraval.
Along with trawls, other gear types, such as beach seines, boat seines
and dol nets used in the states of Gujarat, Maharashtra, Kerala, Tamil
Nadu Andhra Pradesh and West Bengal also fish indiscriminately
(Luther and Sastry 1993; Rohit et al. 1993; Bensam et al. 1994;
Zacharia et al. 1995b; Menon 1996; Menon and Pillai 1996).
25. India imposes a fishing ban every year to allow fish to breed and
repopulate the waters, timed according to the monsoons.
Annual Fishing: 61-day fishing ban
East coast-from l5th April to l4th
June 2021 (both days inclusive) (61
days)
West coast-from l5th April to l4th
June 2021 (both days inclusive) (61
days)
Gujrat Fishing seasonal
closures
10 June - 15 August
(67 days)
GOG 2003; GOGD&D 2003.
26. Ministry of Agriculture & Farmers Welfare (Department of
Animal Husbandry, Dairying and Fisheries) Govt of India, vide
letter no.30035/15/97-Fy(T-1) Vol. V dated 30/03/2021,
The President of India pleased to impose a uniform ban on
fishing by all fishing vessels in the Indian Exclusive Economic
Zone (EEZ) beyond territorial waters on the East Coast, including
the Andaman & Nicobar Island and West Coast including
Lakshdweep Island for 61 days .
State Days Period
West Bengal 61 15th April to 14th June
Odisha 61 15th April to 14th June
Andhra Pradesh 61 15th April to 14th June
Tamil Nadu 61 15th April to 14th June
Kerala 61 1st June to 31st July
Karnataka 61 1st June to 31st July
Goa 61 1st June to 31st July
Maharashtra 61 1st June to 31st July
Gujarat 61 1st June to 31st July
27. Gujrat:
The Indian Fisheries Act as adopted and applied by the
State of Saurashtra, 1897
Daman & Diu:
Indian Fisheries (Goa, Daman, Diu Amendment Act),
1968.
28. Daman and Diu
Union territory in west India, consists of 2
separate areas divided by the Arabian Sea.
Coastal line 42.5 Km.
29. Daman and Diu Marine Fishing Regulation Act,
1980 (Act No. 3 of 1981)
Daman and Diu Marine Fishing Regulation Act, 1980
and Rules, 1982
It enacted by the Legislative Assembly of Goa, Daman
and Diu in the Thirty-first Year of the Republic of
India
To provide for the regulation of fishing by fishing vessels in the sea along the coastline of the Union
territory of Goa, Daman and Diu.
30. Regulation of Fishing
Power to regulate restrict or prohibit certain matters within specified area.
The Government may, having regard to the matters referred to in sub-section (2) by an
order notified in the Official Gazette, regulate, restrict or prohibit—
1. Fishing in any specified area by fishing vessels
2. Number of fishing vessels which may be used for fishing in any specified area.
3. Catching of fish in any specified area.
4. Use of such fishing gear in any specified area
5. Fishing in any specified area during such period of day or night
31. Prohibition of use of fishing vessels in contravention to the Regulations made under
section 4.—
No owner or master of a fishing vessel shall use, or cause or allow to be used, such
fishing vessels for fishing in any manner under section 4.
Licensing of fishing vessels
Power to regulate the mesh size of fishing nets.
Licensing of Fishing nets.
Prohibition of fishing using fishing vessels which are not licenced.
Control on manufacture, sale or use of fishing nets.
Cancellation, suspension and amendment of licences.
Registration of vessels. (under section 11 of the Marine Products Export
Development Authority Central Act, 1972.)
Information to be given to the authorised officer about movement of fishing
vessels.
Returns to be made by owners of fishing vessels.
32. Daman & Diu Marine Fishing Regulation Act, 1982 (Amendment
in 1989)
Mesh size limits of 20mm. for prawn and 24mm. for fish
Area reserved for traditional vessels- Artisanal up 5km.
Mechanised boats beyond 5 km.
33. Daman & Diu Marine Fishing (Amendment) Rules, 2018
Prohibition of Purse seine fishing method and destructive fishing methods:
(1) Fishing by purse seine/ring fishing method is prohibited in the territorial waters up to 12 nautical miles from the
coast/shore in Daman & Diu.
(2) Fishing by destructive fishing method including bull or pair trawling is prohibited in territorial waters of Daman &
Diu.
Purse seine/ring fishing method is
prohibited
Bull or pair trawling is
prohibited
34. Ban on use or install or operate of artificial lights/fish light attractors:
Use or installation or operation of surface
or submerged artificial lights/LED lights,
fish light attractors or any other light
equipment with or without generator on
Mechanized Fishing vessel or Motorized
Fishing craft is banned for any method of
fishing operations in the territorial
waters.
35. Rules and regulations- conserve and improve fish populations.
Regulations are created to help keep the fish population healthy.
Marine Patrol officers check - fishing regulations are being obeyed.
There are several types of fishing regulations.
Size limits - To protect fish of spawning size before they are caught.
Fishing seasons- To protect fish during spawning and limit the catch on heavily
fished waters.
Fishing laws- To protect fish and make sure fishing to be shared by everyone.
Conclusion
36. The aims of these act and its amendment at improving
the livelihood of fishers by providing them
opportunities to carry out fishing activity in the EEZ.
The bill will go a long way in Doubling
of farmers income by 2022.
37. Jhingran, V.G., 1975. Marine fisheries, In Fish and fisheries of India. pp. 818-927. Hindustan Publishing Corporation, Delhi.
Rajesh, K.M., 2013. Fisheries Legislation in India. pp. 41-50.
Salim, S.S., Narayanakumar, R., 2012. Marine Fisheries Management in India, Policy Initiatives, In Manual on World Trade Agreements and Indian
Fisheries Paradigms: A Policy Outlook. pp. 143-162. CMFRI, Kochi, India.
Shinoj, P. and Ramachandran, C., 2018. Marine Fishery Regulations and Policies for Conservation in India, In: ICAR Sponsored Winter School on
Recent Advances in Fishery Biology Techniques for Biodiversity Evaluation and Conservation, 1-21 December 2018, Kochi.. Pg. 360-371.
Soumya, H.B., Shah, P.J., 2004. Briefing Paper on Fisheries Policy Resource Rights of Individuals and Communities, In The Terracotta Summit Beyond
NEP: 2004 Institutions, Incentives and Communities. p. 20. Centre for Civil Society.
Chidambram, K., 1982. Fishery management and legislation, In Research in Animal production. eds P.L. Jaiswal, R.R. Lokeshwar, pp. 674-687. ICAR,
New Delhi.
References
38. • GOG, 2001-2005. Gujarat fisheries statistics 1999-2000, 2000-01, 2001-02, 2002-03.
• Government of Gujarat, Ghandinagar, Gujarat.
• GOG, 2003. The Gujarat Fisheries Act, 2003; dated 15-8-2003, Gujarat Bill No. 7 of 2003. Gujarat
Government Gazette, Extraordinary, p. 23., p. 26.
• GOG, 2004. Marine species. Government of Gujarat (Ports and Fisheries Department).
• GOG, 2009. Industrial Policy-2009, p. 37. Government of Gujarat, Gujarat.
• GOGD&D, 2003. The Goa, Daman and Diu Marine Fishing Regulation Act, 1980; Act No. 3 of 1981
(1981) Official Gazette, Series I No. 50 p. 15.
The need for fisheries legislation was emphasized as long back as in 1873 when the attention of the then Government of India was drawn towards widespread slaughter of fish, fry and fingerlings
and
the urgency to adopt legislative measures to conserve the fisheries resources.
At that time,
the Government of India enacted the Indian Fisheries Act, which came into being in 4 Feb, 1897.
The Indian Fisheries Act of 1897 was the first formal step towards marine fisheries development and management which delegated various erstwhile provinces with the responsibility of fisheries administration (BOBP 1982a; Chidambram 1982; Bensam 1999a, b).
Following Independence in 1947, various Acts and regulations were promulgated.
The first fisheries department - Madras Presidency, - 1907 - Sir F. Nicholson- “Father of Indian Fisheries Development”
The Marine Fishing Regulation Acts were enacted in response to local issues and attempt to manage fishery resources within territorial waters through following
Zone regulations based on vessel types;
Registration and licensing of fishing vessels;
Control and restriction of certain gears and mesh size restrictions.
Unlike regulations of fishing areas provided in the Acts, The decision on seasonal closure is taken on a year to year basis normally prior to or during the onset of the south-west monsoon.
GUJARAT ACT NO.8 OF 2003.
First published, after having received the assent of the Governor in the “Gujarat Government Gazette’, on the 12th March, 2003.
Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act.
Finality of orders under sections 6, 11 and 12.— Every decision of the authorised officer under section 6, section 11 or section 12, granting or refusing to grant licence for a fishing vessel or a fishing net or cancelling, suspending, varying or amending such licence or registering or cancelling the registration of a vessel shall, subject to any right of appeal under section 16, be final.
Appeals against orders refusing grant of licence etc.
5000 rupees, if the value of the fish involved is one thousand rupees or less.
Five times the value of the fish, if the value of the fish involved is more than one thousand rupees.
5000 rupees, in any other case, being a case not involving in any fish, as may be adjudged by the adjudicating officer.
5000 rupees, if the value of the fish involved is one thousand rupees or less.
Five times the value of the fish, if the value of the fish involved is more than one thousand rupees.
5000 rupees, in any other case, being a case not involving in any fish, as may be adjudged by the adjudicating officer.
Demarcation of specified areas.
Fishing is a wonderful privilege: fishing regulations is the responsibility that goes with it.