(1) The Government may, having regard to the matters referred to in sub-section (2), by notification, regulate, restrict or prohibit,-
(a) the fishing in any specified area by such class or classes of fishing vessels as may be prescribed ; or
(b) the number of fishing vessels which may be used for fishing in any specified area ; or
(c) the catching in any specified area of such species of fish and for such period as may be specified in the notification ; or
(d) the use of such fishing gear in any specified area as may be prescribed.
(2) In making an order under sub-section (1), the Government shall have regard to the following matters namely : -
(a) the need to protect the interests of different sections of persons engaged in fishing particularly those engaged in fishing using traditional fishing craft such as country craft or canoe ;
(b) the number of fishing vessels which may be used for fishing in any specified area;
(c) the need to maintain law and order in the sea ; and
(d) any other matter that may be prescribed.
Section 4 - Prohibition of use of fishing vessel in contravention of any order made under section 3
No person including the 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 the order made under section 3:
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 to or from any area other than a specified area for the purposes 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 fishing vessel.
Section 5 - Licencing of fishing vessels
(1) The owner of a registered 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) Every application under sub-section (1), shall be in such form, contain such particulars and 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 matters referred to in sub-section (4), either grant or refuse to grant, to the owner of a registered 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 licence under sub-section (3), the authorised officer shall have regard to the following matters, namely : -
(a) the condition of the fishing vessel including the accessories and fishing gear with which it is fitted;
(b) any order that may be made under section 3 ;
(c) any other matter that may be prescribed.
(5) A licence granted under this section shall be in such form and be 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) A licence granted under this section shall be valid for a period of three years and may be renewed for a similar period on payment of the fee specified under sub-section (5).
Section 6 - Prohibition of fishing using fishing vessels which are not licenced
No person shall after the commencement of this Act carry on fishing in any specified area using a fishing vessel which is not licenced under section 5 :
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 the Government may by notification specify.
Section 7 - Cancellation, suspension and amendment of licence
(1) If the authorised officer is satisfied, either on a reference made to him in this behalf or otherwise, that, -
(a) a licence granted under section 5 has been obtained by misrepresentation as to an essential fact; or
(b) the holder of a 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 order 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 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 the security if any, furnished for the due performance of the conditions subject to which the licence has been granted.
(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 5.
Section 8 - Registration of vessels
(1) The owner of every vessel used or intended to be used for purposes of fishing and kept in the State, not being a fishing vessel registered under section 11 of the Marine Products Export Development Authority Act, 1972 (Central Act 13 of 1972) or a fishing vessel registered under any other Central or State Act for the time being in force, shall register such vessel under this Act.
(2) Every application for registration of such vessel shall be made by the owner of such vessel to the authorised officer, in such form, and shall be accompanied by such fees, as may be prescribed, -
(a) before the expiration of two months from the date on which he first became the owner of such vessel ; or
(b) before the expiration of six 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 making the application by such period as he thinks fit but not exceeding one year.
(3) The authorised officer shall issue to the owner of the 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.
(4) The registration once made shall, subject to sub-section (7), continue to be in force until it is cancelled by the authorised officer.
(5) Every vessel registered under this section shall carry a registration mark, assigned to it by the authorised officer, displayed in the prescribed manner.
(6) No vessel, other than a registered fishing vessel, shall be entitled to a licence under section 5.
(7) Where the ownership of a registered fishing vessel is transferred, the transferor shall get the vessel registered afresh under sub-section (2).
Section 9 - Finality of orders under sections 5, 7 and 8
Every decision of the authorised officer under section 5, section 7 or section 8, granting or refusing to grant licence for a fishing vessel or cancelling, suspending, varying or amending such licence or registering, or cancelling the registration of a fishing vessel shall, subject to any right of appeal under section 10, be final.
Section 10 - Appeals
(1) Any person aggrieved by an order of the authorised officer refusing to grant licence for a fishing vessel, or cancelling, suspending, varying or amending a licence or refusing to register a vessel or cancelling the registration of a 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 if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(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) Every order passed by the appellate authority under this section shall be final.