(i) Any Fishery officer, Police officer not below the rank of a Sub-Inspector or any other person, specially empowered by the State Government in the behalf may arrest without warrant any person committing or attempting to commit, in his view a fishing offence : —
(a) if the name and address of the person are not known to him and
(b) if the person declines to give his name and address if there is reason to doubt the accuracy of the name and address, if given.
(ii) A person arrested under this section may be detained until his name and address have been correctly ascertained:
Provided that no person arrested shall, be detained longer than may be necessary for bringing him before a Magistrate, except under the order of a Magistrate for his detention.
(iii) Every Fishary officer shall have the same powers of search and investigation relating to fishing offence as a Police officer of the rank of Sub-Inspector has under the code of Criminal Procedure 1973 (Act 2 of 1974).
Jurisdiction Inferior to that of Magistrate of the second class excluded
9. No court shall take cognizance of any offence under this Act, except on the complaint of a Fishery officer or of a Police officer not below the rank of a Sub-Inspector or any other person or class of persons authorised by the State Government in this behalf.
Power to compound certain offences
3. (i) The State Government may, by notification in the Official Gazetted empower a Fishery officer by name or by virtue of office.
(a) to accept from anyperson concerning whom evidence exists which if unrebutted, would prove that he has committed any first column of the Schedule, a sum of money by way of compensation for the offence with regard to which such evidence exists and on the payment of such sum to such officer, such person, if in custody shall be released and no further proceedings shall be taken against him.
(b) to release any property that has been seized as liable to confiscation without further payment or on payment the value thereof as estimated by such officer and on the payment of such value, such property shall be released and no further proceedings shall be taken in respect thereof : —
(ii) The sum of money accepted as compensation under Clause (a) Sub-section (1) shall in no case exceed the amount acceptable as compensation in the second column of the Schedule for the particular offence described in the first column thereof.
The Schedule (SEE SECTION 8) Maximum amounts acceptable, as compensation for certain fishing offences under Section-8.
Description Maximum amount of offences acceptable as compensation 1 2 Fishing within net having smaller Rs. 500.00/— mesh than that prescribed under (Rupees five hundred) the rules made under the Act.
2. Fishing without a licence. Rs. 500.00/— (Rupees five hundred)
3. Killing or catching or selling or Rs. 500.00/— attempting to kill, catch or sell (Rupees five hundred) fish of a size or weight less than the standard prescribed under this Act.
4. Killing or catching or selling or Rs. 500.00/— attempting to kill catch or sell (Rupees five hundred) any fish a prohibited species during a close season.
5. Fishing or attempting to fish, with Rs. 500.00/— any gear other than permitted (Rupees five hundred) under the rules.
6. Fishing or attempting to fish with Rs. 500.00/- chemicals or any other obnoious (Rupees five hundred) or dynamites etc.
7. Licence holders employing or Rs. 500.00/- engaging non-licencee to help (Rupees five hundred) them with their nets while fishing.
8. Fishing or attempting to fish in Rs. 500.00/— prohibited waters. (Rupees five hundred)
9. Offering or exposing for sale or Rs. 500.00/— barter any fish the sale of which (Rupees five hundred) is prohibited in any specified area by notification issued under section 4.
10. Selling or attempting to sell fish Rs. 500.00/— for price above the specified (Rupees five hundred) market value.
11. Exporting or attempting to export Rs. 500.00/— fish in cotravention of any rule (Rupees five hundred) made under clause (g) of Sub section (3) of section 3.