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Fisheries Legislation in India PDF
Fisheries Legislation in India PDF
Fisheries, a sunrise sector of our economy, plays an important role in the socio-economic
development of India, in view of its contribution to the food basket, nutritional security,
sustainable large foreign exchange earnings, generation of employment and income, besides
stimulating several subsidiary enterprises. Most important, fisheries are a source of livelihood for
a large section of the economically backward population..
Fish production in the country increased from 3.84 million tones in 1990-91 to 6.40
million tones in 2004-05, of which 2.99 million tones were from the marine sector. The growth
rate in marine fisheries in recent years has been slow (an average of 2.32% during 1990-91 to
1999-2000) compared to inland fisheries (average of 8.38% during the corresponding period).
India is the third largest producer of fish in the world and also the second largest producer of
Inland fish. Fisheries sector in GDP is as much as 1.4% equal to 4.5% of the contribution from
agriculture. The share of fisheries exports in agricultural exports is 19.61% equal to 3.12% of the
total exports of our country.
Fishery resources
India is endowed with vast and varied marine and inland fishery resources, an outline of
which is given below:
Constitution provision
Entry 57 of List 1 of Seventh Schedule of the Constitution specified Fishing and Fisheries
beyond Territorial Waters (12 nautical miles ) as Union Subject, where-as Entry 21 of List 11
speaks of fisheries within Territorial Waters as a State Subject. Reading both the Entries together,
it follows that control and regulation of fishing and fisheries within territorial waters is
the exclusive province of the State, whereas beyond the territorial waters, it is the exclusive
domain of the Union. The Ministry of Agriculture within the purview of its allocated business
helps the coastal States and Union Territories in development of the fisheries within the territorial
waters, besides attending to the requirements of the sector in the EEZ.
Indian Fisheries Act of 1897 and Rules Framed There Under in Various States
The salient features of the Indian Fisheries Act, 1897 are as follows:
(i) This act may be called the Indian Fisheries Act, 1897.
(ii) it extends to the whole of (British) India, except Burma; and
(iii) it shall come into force at once.
2. Subject to the provisions of sections 8 and 10 of the General Clause Act, 887, this Act shall
be read as supplemental to any other enactment for the time being in force relating to the
fisheries in any part of (British) India except Burma.
3. In this Act, unless there is anything repugnant in the subject or context –
(i) Fish includes shell-fish;
(ii) “fixed engine” means any net, cage, trap or/other contrivance for taking fish, fixed in the
soil or made stationary in any other way: and
(iii) “Private-water” means which is the exclusive property of any person, or in which the
person has for the time being an exclusive right of fishery whether as owner, lessee or any
other capacity.
Explanation:- water shall not cease to be “private water’ within the meaning of this definition by
reason only that other person may have by custom a right of fishery therein,
4. (i) If any person uses any dynamite or other explosive substance in any water with intent
thereby to catch or destroy any of the fish that may be therein, he shall be punishable with
imprisonment for a term which may extend to two months, or with fine which may extend to two
hundred rupees; (ii) in substance (i) the word “water” includes the sea within a distance of one
marine league of the sea-coast; and an offence committed under that subsection in such sea may
be tried, punished and in all respects dealt with as if it had been committed on the land abutting
coast.
5. (i) If any person puts any poison, lime or noxious material into any water with intent thereby to
catch or destroy any fish, he shall be punishable with imprisonment for a term which may extend
to two months, or with fine which may extend to two hundred rupees;
(ii) the local Government may, by notification in the official Gazette, suspend the operation of
this section in any specified area, and may in like manner modify or cancel any such notification.
6. (i) The local Government may make rules for the purposes hereinafter in this section
mentioned and may by a notification in the official Gazette apply all or any of such waters, not
being private water, as the local Government may specify in the said notification;
(ii) The local Government may also by a notification, apply such rules or any of them to any
private water with the consent in writing of the owner thereof and of all persons having for the
time being any exclusive right of fishery therein;
(iii) such rules may prohibit or regulate all or any of the following matters, that is to say:
(a) the erection and use of fixed engines;
(b) the construction of weirs; and
(c) the dimension and kind of the nets to be used and the modes of using them.
(iv) such rules may also prohibit all fishing in any specified water for a period not exceeding two
years;
(v) in making any rules under this section the local Government may
(a) direct that a breach of it shall be punishable with fine which may extend to one
hundred rupees and, when the breach is continuing breach, with a further fine which may extend
to ten rupees for every day after the date of the first conviction during which the breach is proved
to have been persisted in; and
(b) provide for
(i) the seizer, forfeiture and removal of fixed engines erected, or used, or nets used, in
contravention of the rule; and
(ii) the forfeiture of any fish taken by means of any such fixed engine or net.
(vi) the power to make rules under this section is subjected to the connection that they shall be
made after previous publication;
(vii) (i) any police officer, or other person specially empowered by the Local Government in this
behalf, either by name or as holding any office, for the time being, may without an order from a
Magistrate and without warrant, arrest any person committing his view any offence punishable
under section 4 or 5 or tinder any rule under section 6 –
(a) if the name and address of the person are unknown to him, and
(b) if the person declines to give his name and address, or 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.
It is in no doubt, that the implementation of the Indian Fisheries Act, 1897 proves to be an
essential criteria to preserve fish and fishery resources intact.
The Indian Fisheries Act, 897, implemented in different states of India as follows:-
(a). Restriction on types of gear and Mesh : The minimum mesh size for nets permitted
is 30mm so that smaller fish are not caught. However, nets of smaller meshes are permitted to be
used in the in the marginal areas as in Tilaiya (Damoder Valley Corporation) and some reservoirs
of Andhra Pradesh and Tamil Nadu. In Delhi, since 1948 restriction have been imposed on
fishing except with rod and line, hand line and long line or any other net less than 1.5 inch square
mesh from July 1 to August 30, every year. Mesh regulation is also observed in Manipur,
Andaman and Nicober Islands. In Assam, the sizes of gaps in bamboo fencing used for fishing
have been limited. Restriction have been imposed on the use of certain nets during specified parts
of the year, as well as on the mesh sizes of nets of Assam, Maharastra, M.P., Punjab etc. Form 1st
April to 5 of June drag net of having mesh size of 2.2 inch are not allowed of any water body of
Assam.
(b). Restriction on size of the fish to be caught : Many states have prohibited the
catching of economical fishes having size below 25 cm (average) so that every fish get a chance
to breed at least once in its lifetime. Restrictions are also imposed on the sale of undersized
fishes. In 1956, Punjab state Government prohibited catching of rohu, catla, mahseer and mrigal
smaller than 25.4 cm long. In Delhi, the capture and sale of these species below 20.4 cm in length
has been prohibited since 1948. The state of Uttar Pradesh has prohibited, since 1954, the capture
and sale of fry and fingerlings of major carps, 5. 1-25.4 cm in length from July 15 to sept.30 and
of breeders from June 15 to July 31 in the prohibited areas, except under a license issued by the
proper authority. In M.P. a size limit of 22.9 cm was imposed in 1953, for the capture of rohu,
catla, mahseer and mrigal.
(c). Closed season : Closed season is followed in Bihar, Madras, Jammu and Kashmir,
M. P., Mysore. In all large reservoirs, fishery is closed from June-July to end of September so
that fishes are not hampered during their spawning migrations and allowed to breed, at least,
once. Fishing is closed from 1 July to 15th September in the entire state of Rajasthan. However,
at Jaisamabad (Rajasthan), there is no restriction with regard to mesh or the fish size and no
closed season is observed.
(e). Leasing of lakes and reservoir-s in alternate years: This is followed in Madhya
pradesh. Lakes and reservoirs are leased in alternate years to protect the fish stock in the year
when it is not given on lease.
(2). To monitor the aquatic pollution from all industries, “may be aquaculture”,
Government of Tamil Nadu has constituted monitoring committee at district level with collector
as Chairman of the monitoring committee and the members of the committee are from various
department viz. Agriculture, Forest, P.W.D., Fisheries and Pollution Control Board.
(iii) The Mysore Game and Fish Preservation Act 2 of 1901, Government of Mysore
(iv) The Game and Fish Protection Regulation Act 12 of 1914, Government of Travancore (1914)
(modified 1921)
(v) Cochin Fisheries Act 3 of 1917 (modified 1921), Government of Cochin
(vi) Andaman and Nicohar Islands Fisheries Regulation 1 of 1938
(vii) The United Provinces Fisheries Act 45 of 1948
(viii) Government of Travancore-Cochin Fisheries Act 34 of 1950
(ix) The Maharashtsa Fisheries Act 1960 (modified 1962), Government of Maharashtra
(x) The Indian Fisheries (Pondicherry Amendment) Act 18 of 1965
(xi) The Indian Wildlife Act 1972. 2 lb-The territorial waters, continental shelf, EEZ and other
Maritime Zones Act, 1972
(xii) The Marine Products Export Development Authority Act, 1972
(xiii) The Maritime Zones of India (Regulation of fishing by foreign vessels) Act, 1981
(xiv) The Kerala Marine Fishing Regulation Act and Rules 1980 (Act 10 of 1981)
(xv) The Goa Marine Fishing Regulation Act, 1980
(xvi) The Maharashira Marine Fishing Regulation Act 1981, Government of Maharashtra
(xvii) The Orissa Marine Fishing Regulation Act 1981 (Orissa Act 10 o 1982) and the Orissa
Marine Fishing Regulation Rules 1983
(xviii) The Tamil Nadu Marine Fishing Regulation Rules 1983
(xiz) The Karnataka Marine FistJog Regulation Act, 1986
(xx) The Andhra Pradesh Marine Fishing Regulation Act, 1994
(xxi) The Gujarat Fisheries Act, 2003
(xxii) Andaman and Nicobar Marine Fishing Regulation Act, 2003
(xxiii) L.akshadweep Marine Fishing Regulation—Rules, 2004
The marine fishing regulation Acts (xiv - xxiii above) have been formulated
following a model bill circulated by the Government of India to all maritime state governments
for regulation of exploitation of marine fisheries resources in territorial waters of India. These
Acts demarcate fishing zones in territorial waters for fishing by non-mechanized and mechanized
fishing vessels (Fig. 41.1). The distance from the shore earmarked for each category varies from
state to state. In general, 5 to 10 km is reserved for operation by artisanal (non.mechanized)
vessels.
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). Gujarat as well as Andaman and Nicobar islands enacted the Act in
2003 while L.akshadweep did so in 2004. The Government of Pondicherry has issued executive
orders.
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
(June—September). The maritime State Governments along the west coast implement seasonal
closure of fishing operations by mechanized vessels (Fig. 41.2). Gujrat has been observing
seasonal closure for the past 2 decades, and Karnataka and Kerala for the past I decade. Along
the east coast, uniform seasonal closure of 46 days is being implemented from 16 April to
31May, every year since 1999.
Under the Marine Fishing Regulation Act, the procedure for licencing of fishing vessels is
simple. Owner makes an application to the Authorized Officer in the prescribed proforma
furnishing all the particulars. The application is submitted along with prescribed fee and
registration certificate. Authorized Qfficer/1icencing Officer makes enquiry about the condition
of the fishing vessel, fishing gears and accessories. Adjudicating Officer can impose
penalties in case of violation of any of the provisions of the act and can cancel, suspend and
amend the licenses. There is also a provision for the constitution of Advisory Committee in Acts
of some states like Maharashtra and Kai-eataki Zonation and other fishing regulations in
differentiates are summarized below:
Gujrat
(i) The area up to 9 km from the shore is reserved for non-mechanized vessels and mechanized
vessels beyond 9 km
(ii) No fishing can be carried out in the territorial water from 10 June to15 August every year
(iii) In case of trawl net, square mesh of minimum 40 mi-n size at cod ends need to be used
(iv) Gill net with mesh size less than 150 mm cannot be operated
Maharashtra
(i) Operation of trawl net by mechanized fishing vessels is prohibited from the seashore to 5
fathoms and 10 fathoms depth zone in specified areas
(ii) Fishing by mechanized fishing vessels is banned from 1 June to Nariyal Purnima around first
fortnight of August)
(iii) Operation of trawl gear by mechanized fishing vessels is prohibited between 5 P.M. and 6
A.M
iv) Fishing by mechanized fishing vessels of any type with more than 6 cylinder engines is
prohibited within the territorial waters of Maharashtra up to 22 km
v) Purse-seine shall not be operated by any mechanized fishing vessel within the territorial waters
of Greater Mumbai, Thane, Raigad, Ratnagiri amid Sindhudurg districts
vi) Mechanized fishing vessels operating purse-seine gear beyond the territorial waters shall not
land the catch caught by such gear in any port other than Mirkrwada (Ratnagiri port)
Goa
(i) The area up to 5 km from the coast-line is the specified area and mechanized fishing vessels
are prohibited from fishing in the area
(ii) Restrictions on mesh size of nets, i.e. 20mm for prawn and 24 mm for fish
(iii) Mechanized fishing by means of trawl nets and purse seines is banned during 5 June to 24
July every year
Karnataka
i) The area up to 6 kin from the shore or up to 4 fathoms (whichever is farther) is reserved for
traditional crafts
(ii) Mechanized boats (up to 50 feet length) are allowed to operate beyond 6 km. Deep-sea
vessels (of 50 feet and above) are required to operate beyond 20 km.
Kerala
(i) The area from shore up to 30 m line in the sea along the coast from Kollencode in the south to
Paravoor (Pozhikkara), a length of 78 km. is called the First Zone
(ii) The area up to 20 m line in the sea along the coast line from Paravor in the south to
Manjeswar in the north for a length of 512 km is called the Second Zone
(iii) Mechanized fishing except fishing by motorized country craft is prohibited in the First and
Second zones. Only fishing with country craft and traditional craft is allowed in these zones
(iv) Small mechanized vessels (<25 GRT) are allowed to operate between 40 and 70 m depth in
the first zone and between 20 and 40 m in the second zone
v) Trawl ban for 45 days from 15 June to 29 July every year
Tamil Nadu
(i) Areas up to 5 km are reserved for traditional non-mechanized boats
(ii) Mechanized boats are permitted to use areas beyond 5 km
(iii) Fishing within 100 m below a river mouth is prohibited
(iv) No gill net of mesh size less than 25 mm shall be used
(v) No shrimp trawl net with mesh size less than 37 mm at cod end shall be used
(vi) No fish trawl net with mesh size less than 40 mm at cod end shall be used
(vii) The number of mechanized fishing vessels which may be used for fishing in any specified
area shall be decided by the Authorized Officer
Andhra Pradesh
(i) The area up to 7 km from the shore is reserved for traditional craft
(ii) Mechanized boats are allowed to operate beyond 7 km
(iii) No vessel to be engaged in fishing using nets with mesh size below 15 mm
(iv) Shrimp trawlers engaged in fishing without turtle excluder device (TED) shall be liable for
confiscation of entire catch and a fine of Rs 2,500
Orissa
(i) Non-mechanized traditional craft shall be allowed to operate freely without restriction. Waters
up to 5 km from the shore are reserved for such fishing craft
(ii) Mechanized fishing vessels up to 15 m in length shall be allowed to operate beyond 5 km
from the coast
(iii) Mechanized fishing vessels of 25 GRT and above or 15 m length shall be allowed to operate
beyond 10 km from shore
West Bengal
(i) The area up to 18 km from the shore is reserved for artisanal fishing craft and craft fitted with
engines less than 30 HP
(ii) Fishing crafts fitted with more than 30 HP engine are allowed to operate beyond 18km
(iii) No gill net with mesh size less than 25 mm shall be used
(iv) No bag net/dol net with mesh size below 37 mm shall be used
(v) No shore seine/drag net with mesh size below 25 mm to be used
(vi) Trawl net of standard mesh size fitted with turtle excluder devices to be used
Lakshadweep
(i) Use of purse seine, ring seine, pelagic, mid water and bottom trawl of less than 20 mm mesh
size is prohibited except live bait net
(ii) Use of draft gill net of less than 50 mm mesh size and shore seine of less than 20 mm mesh
size is prohibited
Fisheries-related policies:
Recognizing the importance of coastal ecosystems and the country’s reliance on these
natural resources, several regulations and notifications have been promulgated by the central and
state governments. The important ones are:
(i) Indian Ports Act (1963)
(ii) Wildlife Act (1972)
(iii) Water Act (1974)
(iv) Environment (Protection) Act (1986)
(v) General standards for discharge of wastewaters in marine coastal areas (1993)
(vi) Notifications declaring certain coastal areas as a marine sanctuary or marine national park
(vii) Notification declaring coastal stretches as Coastal Regulatory Zone (CRZ) and regulating
the activities in the CRZ (1991, 1994, 1996)
(viii) Environmental impact assessment notification (1994).
These acts are meant for regulating fishing in public and private waters through a system
of licensing by government authorities. The Ministry of Environment and Forests (MoEF),
Government of India, issued the Coastal Zone Regulation (CRZ) notification in February, 1991
under the Environment (Protection) Act, 1986 indicating that the coastal stretches influenced by
tidal action up to 500 m from the High Tide Line (HTL) shall be treated as Coastal Regulation
Zone where setting up of new industries (except directly relating to water front) are prohibited.
Hatcheries have been excluded and drawl of ground water in 200—500 m zone is permitted when
done manually through ordinary wells for drinking, horticulture, agriculture and fisheries
purposes.
To protect the corals and coral reefs, there is a provision under the powers conferred
under Section 10(3) of the Mines and Minerals (Regulation and Development) Act 1957. The
Government of Tamilnadu (southeast coast) has issued a mining lease for collection of coral
limestone under certain terms and conditions. Marine turtles and mammals such as whales,
dolphins and tortoises are the endangered species occurring along the Indian coast. To protect the
turtle population. the Indian Wildlife (Protection) Act (1972) was promulgated wherein all
species of sea turtles were placed as endangered species in Schedule I and thereby protected.
India is a member of the Convention on International Trade in Endangered Species of Fauna and
Flora (CITES), which prohibits trade in turtle products by member countries. In 1981. India
became a party to the Bonn Convention on the Conservation of Migratory Species of Wild
Animals. To protect endangered species, certain areas have been declared as wildlife sanctuaries,
national parks and protected areas. Further. efforts are also made to reduce the mortality of turtles
by attaching turtle excluder devices (TEDs) to the trawl and by declaring closure of fishing
during the mass nesting season.
Under the Indian Fisheries Act, 1897. the sedentary fisheries such as chanks and pearl
oysters were declared a monopoly in the Gulf of Mannar and Palk Bay by the erstwhile Madras
Presidency (southeast coast) and in the Gulf of Kutch by the Government of Saurashtra
(northwest coast). These sedentary fisheries belonged to the government and are fully protected
even now. Seasonal fisheries are conducted by the Government Department by issuing licenses.
Broad guidelines for the operation of Indian deep-sea fishing vessels in Indian EEZ
Outline of broad guidelines calculated by the government for operation of India: deep-sea
fishing vessels in the Indian EEZ are discussed here.
Permission in writing (LoP) is required from the nodal ministry for operating a fishing
vessel in Indian EEZ. Presently, permission is accorded only for. (i) Long lining for tuna; (ii)
tuna purse-seining: (iii) squid jigging and squid hand lining and (iv) mid-water/pelagic trawling
and trap fishing.
The operation of Indian deep-sea fishing vessels will be governed by the executive orders
issued/to be issued from time to time. The area of operation of the deep sea fishing vessels will
be regulated by the instructions/orders issued by the Government of India from time to time. For
proper monitoring of the operations of Indian deep sea fishing vessels and sea safety point of
view, it is mandatory for all deep-sea fishing vessel operators to report their vessels position
intended course and speed and area of operation with latitude and longitude to Coast Guard at
08.00 hr daily or any other time specified by the authority. Date of commencement of voyage,
likely period together with crew list should be furnished to Coast Guard and Fishery Survey of
India, Mumbai, before each sailing. Intimation on completion of each voyage shall also be
furnished to these agencies on return. The operator shall furnish an undert2iing to the effect that
(a) they will not resort to any type of fishing other than what has been permitted to them, (b) the
company will not exploit any endangered species of marine turtles, mammals and fish species
and the vessel will not resort to bottom trawling./ pair trawling/bull trawling, and (c) will not
violate the Code of Conduct for Responsible Fisheries (CCRF). The operator should take
clearance from the Government for assignment of foreign crew.
All the vessels should be fitted with INMARSAT ‘C’ or comparable terminal GPS facility
as prescribed by the Government. Vessel monitoring system (VMS) shall be set up by each vessel
within the period to be stipulated by he Government of India. The base port for operation of
vessel would be any one on cast coast and one on the west coast. Government reserves the right
to inspect the vessel and machinery, and equipment on the vessel and shore-based processing
plants of the company at any time without notice. The operator should submit the voyage report
in the prescribed format to Fishery Survey of India, Mumbai, within 15 days from the date of
completion of each voyage. Government reserves the right to impose any other conditions from
time to time. Penalty will be levied for any violation, which shall be decided by the Government.
Besides, the letter of permission is also liable to be cancelled without notice, if any one or more
of these conditions is not followed or violated and shall have the right to seize the vessel.
by explosives in inland waters and on coasts and Section 5 deals with destruction of fish by
poisoning of c waters. Section 6 provides for protection of fish in selected waters by rules of
Stare Government, whereas Section 7 is a penal provision providing for arrest without warrant
for offences under this Act.
There is a general impression that the Indian Fisheries Act of 1897 is an inland fisheries
act. However, it provides that the word “water” includes the sea within distance of one marine
league (3 nautical miles or 5.56 kin) from the sea coast (Explanation No.4 (2) of the Act).
Erstwhile Punjab (before partition of India) was perhaps the first state to introduce
legislation for conservation of fisheries. The Punjab Fisheries Act II of 1914 was passed, and
later amended and revised from time to time in 1941, 1966 and 1971.For regulating fisheries in
canals, separate rules were framed and notified by the Punjab C Government in 1924 in the form
of Rules for regulatory fishing in Government canals and rules for regulating in head waters.
States of Himachal Pradesh, Haryana and the Union Territory of Delhi also follow more or less
Punjab rules. The fishing rights of the notified public waters are put to open auction on or after 1
July every year and the period of lease extends from 1 September to 21 August of the next year.
Some states like West Bengal, Uttar Pradesh, Andhra Pradesh, Madhya Pradesh, Karnataka,
Kerala, Tamil Nadu, and Jammu and Kashmir have some rules for fisheries regulation. Rajasthan
enacted fisheries legislation in 1984. The State of Uttar Pradesh put a ban on the capture and sale
of juveniles (5.1 to 23.4 cm in length) from 15 July to 30 September, and of spawn from 15 July
to 30 September, and of spawn from 15 June to 31 July from the prohibited areas. From 1953, in
Madhya Pradesh, fishing of rohu, mrigal, catla arid mahseer of less then 22.9 cm length is
prohibited. Many riverine areas have been declared as sanctuaries in Madhya Pradesh, Hirnachal
Pradesh, Delhi, Jammu and Kashmir, Karnataka and Tamil Nadu. Mesh regulations are observed
in many places such as Manipur, and Andaman and Nicobar Islands. Nets having a minimum
mesh size of one inch are generally permitted for fishing in the reservoirs. The use of explosives
and poisonous substances for the capture of fish is prohibited in many states like Jammu and
Kashmir, Himachal Pradesh, Andhra Pradesh, Karnataka, Uttar Pradesh and Kerala.
The Government of Assam has introduced a policy on Fish Seed Industry in the state in
2001 to augment quality fish seed production for advancement of aquaculture in the state and to
protect the bio-diversity for economically important indigenous fish species of Assam in the
natural ecosystem by adoption of adequate conservation measures. To translate these aims and
objectives into action, the State Government has proposed establishment of eco-hatcheries,
standard size of brood-stock, partial replacement of brood-stock with wild stock, prohibition of
breeding and propagation of banned exotic fishes, registration of fish seed producers and growers
and easy and unrestricted transport of fish seed in the state. Suitable regulations for river
rehabilitation stock enhancement and protection of spawning grounds are also envisaged in the
action plan.
The Act of 1897 has been adopted, by promulgating Rules under Section 3 of this act and
through various amendments, at the state-level, various states with references to the multifarious
provisions pertaining to about 51 different regulatory activities, comprising mainly limited
accesses, licensing of gear, gear restriction, leasing and auctioning.
The complexity of factors involved in the regulation of fisheries, domestic and
international, is often underestimated. Fishing is still largely an activity to harvest wild stocks of
highly ambulatory animals. These animals cannot be fenced in a limited area or with marked
ownership. This makes fisheries of open water a common property resource with its related
problems. Therefore, regulatory measures need to be blended with other environmental protection
measures such as (a) limited access; (b) leasing and auctioning; (c) closed seasons; (d) licensing
of gear and (e) gear restrictions.
for aquaculture within 1 year of registration. A provision has also been made in the Bill to set up
a Tribunal to decide compensation in respect of the workers of farms to be demolished. It has
also been indicated in the Bill that the concept of responsible aquaculture would be followed in
regulating the aquaculture activities.
At the State level also, there have been some attempts to regulate shrimp farming In this
regard the Department of Fisheries, Government of Andhra Pradesh has submitted a draft bill on
regulating the quality of the shrimp seed produced in the hatcheries since at present, the
hatcheries are in the private sector.
Hence, the department has proposed Enactment of Aquaculture Seed (Quality Control)
Bill. The salient features of the bill are as follows:
Ensuring the quality of the seed, brooder stock and labeling of the quality of seed.
• Stipulating norms for size, weight, purity and disease-free parameters for seed.
• Government will have powers to regulate import and export of aqua-seed.
• The aqua-seed testing laboratories will be set up.
• The department will have powers to register hatcheries fish seed farms and
conduct inspections.
• Notifying and regulating the varieties of seed to be used for aquaculture
• Construction of Aquaculture Seed Committee.
• Aquaculture seed registration and certification,
• The department will have powers to levy penalties.
fisheries and aquaculture. It is expected that the policy guidelines and legal frame work provided
by the Union Government and various state governments will go a long way in ensuring
sustainable fish production and improved socio-economic conditions of fishers in India.
REFERENCES
1) Ayappan, S., Jena, A. K., Gopalakrishna, A. and Pandey, A. 2006: Fisheries legislation in
India in: Handbook of Fisheries and Aquaculture, pp. 678 - 694.
2) Datta, S. and Das, R. C. 2005, Fisheries legislation of India, In Conservation of aquatic
environment, published by CIFE, Mumbai, pp. 52 - 58.
3) Kuldip Singh. 1989. Role of legislation in the conservation and management of capture
fisheries resources. In Conservation and management of inland capture fisheries resources
of India. A. G. Jingran and Sugunan , V. V (Eds) . Published by Inland Fisheries Society
of India, Barrackpore. 264 - 270.
4 ) The Gazette of India, 2005 A-2,1927 , pp. 22-92 .