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Section 3

The Nagaland Fisheries Act, 1980State Act of Nagaland · Act 2 of 1982

(1) The State Government may make rules for the purpose mentioned hereinafter in this section and shall under such rules declare the waters which all or any of them shall apply.

(2) The State Government may be notification in the Official Gazette, apply such rules or any of them to any private water with the consent in writing of the owner thereof and of all other persons having for the time being any exclusive right to Fishery therein or if the State Government is satisfied that the consent is unreasonablywithheld without such consent:

Provided that not rules made under this section shall apply to any religious waters.

Note: “Religious Water” means water belonging to a religious body or Institution and which have never been fished before on account of any restriction on religious grounds.

(3) Such rules may:

(a) Prohibit or regulate or any of the following matters that is to say

(i) The erection and use of fixed engines:

(ii) The construction, temporary or permanent of wire dams and bund and

(iii) The dimension and kind of nets and size of mesh or any other fish contrivance to be used and mode of using therein.

(b) Prohibit the destruction of or attempt to destroy fish by gun, spear, bow and arrows or like instrument; dynamiting, poisonning of waters or pollution of waters by trade effluent:

(c) Prohibit the capture of or attempt to capture or kill-broad fish (fish carrying eggs sperms) or catching or sale of any spawn or young fishe in breeding seasons.

(d) Prohibit fishing except under license or regulate the granting of such licenses, the charges of fees thereof and the conditions to be inserted therein.

(e) Prescribed a minimum size or weight below which no fish of any prescribed species shall be killed or sold.

(f) Prescribed seasons in which the killing or catching or sale of any spawn, young or adult fish, of any prescribed species shall be prohibited

(g) Prohibit fishing in any specific water for specified water for specified period.

(h) Regulate the export of fish outside any area or areas and price at which fish may be brought or sold in specified markets of all or any specified species.

(i) Require the owner, mortgage with possession or leasee of any rank of Jhil for the stocking of fish;

(j) Prescribed the formation of association or societies and the collection of funds for the uplift of fisherman and promotion of the fishing industry.

4. In making any rules under this section the State Government may provide for:

(a) the seizure, removal and forfeiture of any apparatus erected or used for fishing in contravention of the rules:

(b) the forfeiture of any fish taken by means of any such apparatus, and

(c) the confiscation of any consignment of fish held or transported in contravention of the rules.

Where this provision sits

ActThe Nagaland Fisheries Act, 1980
Section3
JurisdictionState of Nagaland
StatusIn force as published by the source

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