(1) No person shall, after the commencement of this Regulation, undertake fishing or fishing related activities in any specified area without a valid licence issued under this section.
(2) The authorised officer shall have the power to issue licence for using fishing vessel under this section.
(3) The owner of a fishing vessel shall make an application to the authorised officer for the grant of licence under sub-section (1) for using such a fishing vessel for fishing and fishing related activities in any specified area.
(4) No fishing vessel shall be granted a licence under sub-section (3), unless it is registered as a fishing vessel under the Merchant Shipping Act, 1958:
Provided that nothing contained in this sub-section shall apply to a fishing vessel which is not required to be registered or exempted from being registered under the Merchant Shipping Act, 1958.
(5) Nothing contained in this section shall apply to a fishing vessel, which was being used for fishing immediately before the commencement of this Regulation, for such period as may be notified by the Administrator.
(6) No person shall establish or operate any offshore platform without a valid licence.
Explanation.––For the purposes of this sub-section and sub-sections (7), (8),
(10), (13) and (14) the expression “Offshore platforms” means platforms established within the territorial waters including internal waters for collection, processing, transhipment of fish or any other fishing related activities including the temporary berthing of fishing vessels.
(7) The authorised officer shall have the power to issue licence for operating an offshore platform under this section.
44 of 1958.
44 of 1958.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 55 29 of 1986.
14 of 1981.
6 of 1974.
(8) Any person desirous of establishing or operating an offshore platform shall make an application to the authorised officer for the grant of licence.
(9) Every application under sub-section (3) or sub-section (8) shall be in such form, contain such particulars, and be accompanied by such fee, as may be prescribed.
(10) The authorised officer may, after making such inquiry as he may deem fit and having regard to the matters referred to in sub-section (12) or sub-section (13), as the case may be, either grant or refuse to grant a licence to the owner of a fishing vessel for use of his fishing vessel for fishing or fishing related activities or to the applicant who is desirous of establishing or operating an offshore platform, as the case may be:
Provided that if the authorised officer refuses to grant a licence under this section, he shall record his reasons for such refusal in writing, which shall be communicated to the applicant, in such form, manner and within such time as may be prescribed.
(11) A licence granted to a fishing vessel under sub-section (10) shall provide the specified area within which such fishing vessel may be permitted for fishing or fishing related activities, as the case may be.
(12) In granting or refusing to grant a licence to a fishing vessel for fishing or fishing related activities under sub-section (10), the authorised officer shall have regard to the following, namely:––
(a) sea safety, communication systems, transponders and insurance for such class or classes of fishing vessel;
(b) condition of the fishing vessel including the accessories and fishing gear with which it is fitted;
(c) maintenance of law and order at sea;
(d) the matters related to public interest and national security;
(e) compliance of the fishing vessel to any notification issued under section 5; and
(f) any other matter as may be prescribed.
(13) In granting or refusing to grant a licence for establishing or operating an offshore platform, as the case may be, under sub-section (10), the authorised officer shall have regard to the following, namely:––
(a) sea safety conditions of the offshore platform;
(b) suitability of the location;
(c) communication systems onboard the platform;
(d) maintenance of law and order at sea;
(e) matters related to public interest and national security;
(f) obtaining necessary statutory clearances under the Environment Protection Act, 1986; the Air (Prevention and Control of Pollution) Act, 1981; and the Water (Prevention and Control of Pollution) Act, 1974, as applicable; and
(g) any other matter as may be prescribed.
(14) The licence granted under this section shall be in such form, manner, time and be subject to such conditions, as may be prescribed:
Provided that different fee and different amounts by way of security may be prescribed in respect of licences for different classes of fishing vessels used for fishing and fishing related activities and for different classes of offshore platforms and installation therein.
6 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 6 Cancellation and suspension of licence.
Information to authorised officer and port authority.
Voyage report to be furnished by owner of licensed fishing vessel.
Power to enter any fishing vessel.
Appeal to adjudicating officer.
(15) The licence granted under this section shall be valid for the period specified therein or for an extended period, not exceeding such intervals of period as may be prescribed.
(16) Every application for extension of the licence period shall be made in such form, contain such particulars, and be accompanied by such fee, as may be prescribed.
(17) Subject to the rules that may be made in this behalf, the authorised officer may, by order, vary or amend a licence or the conditions of a licence granted under this section:
Provided that before varying or amending a licence or its conditions under this section, the authorised officer shall provide the licence holder an opportunity of being heard and shall record the reasons for such variation or amendment in writing.