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267 TilE KERALA MONSOON FISHERY (PELAGIC) PROTECI10N ACT, 2007 (ACT 13 O:F 2007) CONTENTS Preamble Sectwns 1 Short ntle, extent and commencement 2 Defimt1on 3 Authonzatron of Officers for the purpose of any prov1s1on of th1s Act 4 Right of fishmg dunng the Monsoon Season 5 Power to enter and search fishmg vessel 6 Dtsposal of confiscated vessel, fish and Implements 7 Power of the Government to revoke or modtfy the orders 8 Power to make rules ..
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-1- • 269 [TranslatiOn m Enghsh of "2007-6H~J ace,m~ ruc5nCl:lc6l~ru Qlam<ru~mJm.umo (<ruOJ6<llfl~n.Jm1cmruo) <ruomdhCl:l6mo ~«hg, pubhshed under the authonty of the Governor] ACT 13 OF 2007* TI-lE KERALA MONSOON FISHERY (PELAGIC) PROTECilON ACT, 2007 An Act provzde for secunty of life and lzvehhood of the tradztwnal fishermen and to ensure thezr subszstence by occupyzng pelagzc fishery through tappmg the umque pe/agzc fishery resources m the State lzke chakara in monsoon season and to. regulate them and for matters connected therewtth or mczdental thereto .
Preamble -WHI:.REAS 1t 1s exped1ent to provtde for the pelagJC fishery by the trad1t10nal fishermen usmg tradJtlOnal and mod1fied traditional crafts durmg monsoon season and to regulate them and for matters connected therewith or mctdental thereto, BE lt enacted m fifty-e1ghth Year of the Repubhc of Indta as follows-· ' Short tztle, extent and commencement -{1) Th1s act may be called the Kerala Monsoon F1shery (pelagtc) ProtectiOn Act, 2007
(2) It extends to the whole State of Kerala.
(3) It shall come mto force at one ~- 2 Dejinzton -In th1s Act, unless the context otherwtse requarcs,-
(a) "authonsed officer'' mean~ such officer as the Government may by notlficatton m the Gazette autl\onse m respect of the matter m wh1ch reference ts made m the prov1s1on of th1s Act m wh1ch the expresswn occurs,
(b) "F1shmg vessel" means a vessel whether or not fttted wtth m.echamcal means of propulsion engaged m sea fishmg and mcludes,- ( 1) catamaran,
(11) a country craft and ( 111) a canoe, '":t- (c) "Tradrtronal F1shennan" means any person engaged m fishmg wtth or Without tradtttonaJ or modtfied traditiOnal crafts and gears for hiS hvehhood, • RcccJvcd the assent of Governor on the 21st June, 2007 and published •n the Kcrala GaLettc ExJraor~mary No 1161 dated 21 sl June, 2007 I I I I, I I 270
(d) "Modtfied tradLtlonal Crafts and Gears" means tradttwnal crafts and gears, modtfied 10 thetr shape or form or stze mclud10g means of propulsiOn by ---t' the usage of motors or eng10es for the exclustve purpose of propelling the crafts and vessels used by the TradtttOnal Ftshennan,
(e) "Pelagtc Ftshery" means fishery or ftshmg actlvttres relatmg to ftshmg of any spectes of ftsh resources dtstnbuted m the surface or sub surface or column water areas of the spectfied area,
(f) "Specified area" means such area 10 the sea along the entue coast h.ne of the state, but not beyond terntonal water, as may be specified by the government by notificatiOn 10 the Gazette,
(g) "State, means State of Kerala and mcludes the terntonal waters along the entire coast hne of the State 3 Authorzsatzon of Officers for the purpose of any provzszon of th1s Act -Any officer of the Government authonsed under sectiOn 3 of the Kerala Manne Ftshmg RegulatiOn Act, 1980 (Act 10 of 1981) wtll be the Authonsed Officers for the purpose of any of the provtston of thts Act •' 4 Rzght of fishzng dunng the monsoon season - Not wtthstandmg anythmg contamed 10 any law, JUdgement, decree or order of court, the tradtttonal fishermen have the nght to conduct pelagtc fishery dunng monsoon season usmg tradJtlOnal and modtfled tradttonal crafts and gears wtthm the temtonal waters Provtded that no fishmg craft, gear or vessel, whtch 1f used would 1\ann the JUVemle fish, egg of the ftsh and such other ,species whtch are necessary ~ for the reJuvenation of the manne wealth found m the sea bed shall be used Provtded further that, the Government may by an order, ban the nght of fishmg conferred unde.r th1s sectiOn tf the~are convmced that any person Jll1suse such fishery whtch ts hannful to fish breed10g and fish wealth 10 the sea bed.
5 Power to enter and search fishzng vene/ -The authonzed officer may, tf he has reason to beheve that any fishmg vessel or crafts and gears ts bemg, or has been, used m contravention of any of the provts1ons of thts Act or of any order or rule made thereunder, enter and search such vessel and 1mpound and confiscate such vessel, fish and the tmplements thereto 6 Dzsposal of confiscated vessel, fish and Implements -{ 1) The authonzed --i;
officer shall keep the fishm!l vessels tmpounded under sectton 5 of the Act, m such place and m such manner as may be prescnbed 271
(2) The authorizeri officer shall dtspose of the confiscated arhclcs m sue~ manner as may be prescnbed.
7 Power of the Government to revoke or modtfy the 01 ders -The Government may, on report or complamt by the authonzed officer or suo motu revoke, annul or modtfy any order tssued by them under section 4 or ? of the Act, as the case may be, tf they are of the optmon that the etrcumstanccs ' render 1t necessary to do so 8 Power to make rules -( 1 )_The Government may, by nohficattOn m the Gazette, make rules for carrymg out the prov1srons of thts Act .
(2) Every rule made under th1s Act shall be laid, as soon as may be after It IS made, before the Legislative Assembly, whtle 1t 1s sess10n, for a total penod of fourteen days ·wh1ch may be compnsed m one sess1on or m two successive sess10ns, and tf before the exp1ry of the sess1on m whtch 1t 1s so la1d or the sess10n tmmedtately followmg, the Legtslattvc Assembly makes any .
modtficatton m the rule or dec1des that the rule should not' be made, the rule shal~ thereafter have effect only m such mod1fied fonn or be of no effect, as the case may be; so, however, that any. such mod1ficat10n or annulment shall be wtthout preJUdice to the vahd1ty of anythmg prevwusly done under that rule I I