(1) This regulation may be called ~he Andaman and Nicobar Islands Marine Fishing Regulation. 2003.
(2) It extends. to the whole of the Union Territory of the Andaman ~nd Nlcobar Islands.
Short title, extent and commence ment.
(3) It shall come Into force on such dats as the Administrator may, by notificatIon In the OffiCial Ga.zette, appoint;
and different dates may be appoinfed for different provisions of ,. ... , 2 THE ANDAMAN AND NICOBAR, EXTRAORDINARY GAZETTE, MAY 14,2004.
this Regulation and any reference in any such provlsl~n to tho commencement ofthis' , .
Regulation shall be consnued as a reference to the coming into force of that provision.
Definitions. 2. In this Regulation, unless the (·ontext 9tberwise requlrea,- p) II adjudicating officer" meanS anY officer of tbe Fisheries Department not below the rank of an Assistant Dlroctor'.~fFishtrie. authorised under-section 3 to exercise the powers conferred on, and to disebuge the duties Imposed upon, such an officer by this Regulation fQr such areu as may be speclfled by notlflcatlon in the Official Gazette. '~,' . ,,,' , -, -::;' ~ '_
(b) "Adminlstratlon",;melUls the Administration Mthe UnIon territory of the Andaman and Nicobar Islands; " I
(c) "Administrator" means the Administrator of the Union territory of the Andaman and Nicobar Islands appointed by the President under article 239 of the Constitution; ", . '
(d) " Appellate Board" mean, the Appellate Board constituted under section 18;
(e) •• authorised officer" r'leans an officer not below the rank of an Assistant Director of Fisheries. authorised by the Administrator by notification in the Official Gazette, to exercise the powers conferred on, and discharge the duties imposed upon such officer by this Regulation; ,
(j) U flsh" means any vertebrate and invert~brate animal in the sea, and Includes , fish, crustacean, shellfish,lC:. 'oucumber (heche-de-mer), sea graascs and coraIa (dead or liv~g), excluding tho animal. covered under tho WUd Life (Protection) Act. 1972; 53 of 1972,
(g) •• Fisheries Department " means ~ Fisheries Department of the AdmiDistration;
(h) "fishery office," m~ans an officer of the rank of Assistant Fisheries Guard but not above the rank of Auisttnt FishcriCi Development Officer io tho Depanmcnt of Fisheries or any other officer of tho Adminlsl!lti~)Q or tho Central Oovcnuncnt, as may be appointed by the Administrator by noiificitlon in the Offici.1 OazeltCj (I) • I fi,lling "' mean, exploitation, CIltchmg or coliecdun of vertebrate and inverte brate animals in the lea excluding animals covered under the Wild Ufe (ProtQCtion) Act, 1972, and includes fish, crustacean, Shellfish, sea cucumber (beebe-de-mer), sea S) III' 1912- grasses and corals (dead or living) by applying or operating any fimi", gears or culture of fish and its harvest In tho waten .surrounding tIi;;, Unitm territory of the Andaman and Nlcober Islands;
(J) "fishing gears" in rcla.Uon'lo fish.ing, includes Implements, nets, hooks and lines" cages" traps harpoon. but does not Include the cxplolivcs, polsons and chemicals or any other device ofmw destruction:
lk) • 'lishin~ vessels" melUl. a ship or boat, whether or not filled with mecha nised means of propulsion, whll}h is cnaaged in lea fil~lnl for profit .and .ipcl~des a catamaran, country craft, canoe and dinghy engaged in lea fishing;
(I) "port" means tho space within such limits as may, from time to time, be defined by the Administrator, by notificat1on in the Officl.1 Gazette, for the purposes of this Regulation;
(m) • 'prescribed" means prescribed by rule. made under this Regulalion;
(II) •• r cgi~tcrcd fishing ve,sellfmcnn, -,.
(I) a fishing vessel registered under sectlon 11 of the Marine Pl'Qducls Export Development Authority Act, 1972;
(Ii) • velsel tealstlred u • fishln. v •••• l under •• elton 91 S)ofl9n.
THEANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004. 3
(0) "specified area" means such area or amas in the waters surrounding the Union territory of the Andaman and Nicobar Islands, but not beyond tb, lerritoQal .~ as may be specified by lhe Administrator, by notificatiOn in the Official Gazette.
J. The Administrator may, by notiflcation in the OOidal Gazette, authorise any officer Alllhori~nlllln of the Administration or of Central Government to exercise the powers conferred on, and to of officers discharge the duties imposed upon, an authorised officer under this Regulation in such area OJ' areas as may be specified in the notification.
CHAPTERn R£GI.1LATION 01' FISIlING <t. (1) The Administrator, may, having regard to the provisions of sub-section (2), by order notified in the Official Gazette, 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'sucl species offlsh and for such period as may be specified inthe notification; or
(d) the use of such fishing gear in any specified area 8S may be prescribed; or
(e) jishing in any specified area during such period of day or night as may be prescribed. .
(2) In making an order under sub- section (I), the J \dministrator shall have due regard to the following matters. namely:-
(a) tho need to.protect the interest of different sections of persons engaged in fishing, particularly those engaged in fishing by aslng traditional fishing crafts such as catamaran, country craft, canoe or dinghy; ,
(b) the need to conserve fish and to regulate fishing on 8 scientific basis;
(c) the need to maintain law and order in the sea;
(d) the need to lease-any specified area surrounding the islands to conserve the fish or shellfish or to culture the fish or shellfish;
(e) the need to lease out right to fish in the ierritorla! waters for fish culture and harvest; and .
(/) any other matter ~ may be prescribed.
~. No owner or master ofp fishing vessel shall usc, or cause to allow such vessel to be used, for fishing in any manner whlch contravenes an order made under section 4:
Provided that nothing in such order shall be construed as preventing the passage of any fish ing vessel from, or to. the shore, through any area whether specified area or other wise:
l'ruvlded Iurthcr that the passing of such flshh' g vessel through any specified area shall not. in any manner, eause any damage to any fishing nets or tackles belonging to any person who engages in fishing in the specified area tty IIsing any traditional fishing croft .~\I~h BS catamurnn, country craft, canoe or dinghy In n :cordancc with the provisions of III is Regllial iOJ!.
6. (I) 'Ole owner ofa fishing vessel may make all application to the authorised officer I'lli' Ihe urant of a licence for using such fishing vessel for fishing in any specified area.
Power to regulate, restrict or prohibit certain matters withiu spcciflcd Ile:l.
Prohihitinn ('" usc of lishillf.
vessels in con Iravention of any order mode under sec lion 4.
J ;ice"~ing of fishin(!. \·c~~tll.
4 THE ANDAMAN AND NICOBAR EXT~ORDINARY GAZETTE. MAY 14,2004, I'fllhilJilhlll of tislting hl'lISill!:
lishinf~ vC$sds , ,
(2) Every npplicntion under sub-section (/) ahnl! be ill such form, contaill such particulars. and be nccom~anitd by such fl.es, as may be prescribed.
(3) The authorised officer may, after making such inquiry as 'he may deem fit and having regard to the matters referred to in rub-section (4), either grant or refuse to grant, to the owner of the fishing vessel a licence for us log such fishing vessel for fishing In the specified area or specified areas as may be mentioned in such licence.
(4) In granting or refusing 10 grant a licence .under 'sub-section (3), the authorised officer shall have regard to the f?lIowing IT atters, namely:-
(a) whether the fishing vessel is registered or not;
(/» the condition of the Iish.ng vessel including ihe accessories and fi5hillg bear with which it is fiued;
(c) whether any order has bern made under section 4; and
(d) any uthcr matter as may bll prescribed,
(5) A lincence granted under this section shall be in such form and valid for such period and subject 10 such conditions, inc luding 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 lind different amounts by way of security may be prescribed if! respect of licences for different classes of fishing ves~els.
(6) A licence granted WIder this socnon may be renewed by the authorised ofOcor subject to the rules made under sub-section (5).
7. No person shall, after the commencement oflll!s Regulation, carry on fishing in any specified area using a fishing vessel, which is not llccnced under section 6:·
Provided that nothing In this section shall apply 10 a fishing vessel, which was being used for fishing ill such area Immediatel), before the commencement ofthla Regulation, for such period as may be specified by the A.lministratol', by notification in tho Official Gazette.
l'alll:dl;lIiulI. 8. (1) If the Authorised Offlcer is satisfied, either on a reference made to him in this ~ltsJlcn~i,,1t IIIHI .bchnlf or otherwise, Ihat- :II"l,,,.rnICIiI 111" li'TIIC':S. (a) a licence granted under section 6 has been obtained by misrepresentation as 10 un essential Iact; or
(b) the holder ofa licence hilS, without reasonable cause, failed to comply with the conditions subject to which tho licence has been granted or has contravened any of the provisions of this Regulation or any order or rule made thereunder.
then, without prejudice to any other pennlty to which the holder of the licence may be liable under this Regulation, the authorlsed officer may, after giving the holder oflhe licence a reasonable opportunity of showing cause and being beard, cancel or suspend the licence or forfeit Ute whole or any part of 8ecuri~'1 if any, furnished for lh9 due performance of the conditions subject to which lhe licence h~ been granted.
(2) Subject to any rules that may be made in this behalf, the authorised officer may, for reasons to be recorded in writing, also vary or amend a licence granted under section 6.
Hc~iSlr:llh'll of 9. (I) No owner of a vessel other (han, a fishing vessel registered under section 11 of -" fishing \"\;~.cl" the Marine Products Export Development Authority Act, 1972, shall use or cause to be used 13 ufl97Z for the purposes ,of fishing in the speclf-ed area, unless such vessel Is registered as a fishing vessel under this Regulation.
(2) Every application for registration of a vessel as a fishing vessel shall be made by the owner thereof to the authorised officer in such form and in such. manner and shall be accompanied by such fees, as may be prescribed,- THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004. 5
(0) before the expiry of one month from the date on which he became the owner of such vessels; or
(h) before the expiry of three months from the commencement of this Rcgu lation, whichever is later:
, Provided that the authorised officer may, for reasons to be recorded in writing, extend thc lime limit for registration by such period or periods not exceeding six months at a time, as he may think fit. .
(J) The nuthorised officer shall assign 8 registration number to the vessel and issue to the owner of the vessel registered by him a certificate o;'registration in the prescribed from and shall entpr the particulars of the certificate in the register to be kept by him in such form DS may be prescribed: .
I'lIIvid~d that the authorised officer rna)" for reasons to be recorded in writing, refuse to register the vessel.
(4) The registration once made shall continue to hi: in force until it is cancelled by the authorised officer.
(S) Evcry vessel registered under this section shall carry the registration mark assigned to it by the authorised officer and such mark shall l-e displayed on the vessel in the prescribed manner:
«(j) No vessel, other than a registered fishing vessel, shall be entitled to apply for a licence under section 6.
I n. Where 3 registered fishing vessel moves from the IIrCR (If one port to the nrca of ilIlIJ:hcl' pori, for fjshjn~ in that area, the owner of such fi! hing vessel shall give information to thai effect, in the prescribed manner, to the authorlsed officer by whom such fishing vessel was registered and also to the port officer havingjurisdiction over the area 10 wliich such fi!;hill~ vessel moves.
II. (I) J':VCI y owner ufn registered fishing vessel sh 111 furnish to the authorised officer ;11 slII:h interval and ill such inanncr such return as may be prescribed.
(2) The authorised offlcer may enter upon and inspect any registered fishing vc~scl at any time to verify the correctness of any return furnished by the owner under sub section (1).