(1) This Act may be called the Puducherry Marine Fishing Regulation Act,
2008.
(2) It extends to the whole of the Union territory of Puducherry *(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
Definitions
2. In this Act, unless the context otherwise requires;-
(a) “adjudicating officer” means any officer of the Fisheries and Fishermen Welfare Department not below the rank of an Assistant Director of Fisheries authorized by the Government, by notification in the Official Gazette to exercise the powers conferred on, and to discharge the duties imposed upon, such officer by this Act, for such areas as may be specified in the notification;
* This Act came into force w.e.f 23.09.09 vide Notification issued in EG.Pt.II No.31 dt. 23.09.09 526
(b) “Appellate Board” means the Appellate Board constituted under section 19;
(c) “authorized officer” means an officer authorized by the Government under section 3;
(d)“fish” means any vertebrate and invertebrate animal in the sea, and includes fish, crustacean, shellfish, sea cucumber (beche-de-mer), sea grasses and corals (dead or living), excluding the animals covered under the Wild Life (Protection) Act, 1972 (Central Act 53 of 1972);
(e)“Fisheries Department” means the Fisheries and Fishermen Welfare Department of the Union territory of Puducherry;
(f) “fishery officer” means an officer of the rank of Fieldman but not above the rank of Inspector of Fisheries in the Fisheries Department or any other officer of the Union territory of Puducherry or the Central Government, as may be appointed by the Government by notification in the Official Gazette;
(g) “fishing” means exploitation, catching or collection of vertebrate and invertebrate animals in the sea excluding animals covered under the Wild Life (Protection) Act, 1972 (Central Act 53 of 1972), and includes fish, crustacean, shellfish, sea cucumber (beche-de-mer), sea grasses and corals (dead or living) by applying or operating any fishing gears or culture of fish and its harvest in the territorial waters of the Union territory of Puducherry;
(h) “fishing gears” in relation to fishing, includes implements, nets, hooks and lines, cages, traps, harpoons but does not include the explosives, poisons and chemicals or any other device of mass destruction;
(i) “fishing vessels” means a ship or boat, whether or not fitted with mechanised means of propulsion, which is engaged in sea fishing for profit and includes a catamaran, country craft, canoe and dinghy engaged in sea fishing;
(j) “Government” means the Administrator of the Union territory of Puducherry appointed by the President under article 239 of the Constitution;
(k) “mechanised fishing vessel” means a ship or boat fitted with mechanized means of propulsion having an engine not less than fifteen Horse Power but not more than hundred and twenty Horse Power and measuring in length not less than eight metres and not more than fifteen metres, but does not include a deep sea fishing vessel, and a “deep sea fishing vessel” means a ship or boat fitted with mechanical means of propulsion having an engine of not less than one hundred and twenty Horse Power and measuring in length not less than fifteen metres;
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(l) “Owner” in relation to any fishing vessel, includes any person, who has power to sell or transfer the fishing vessel or who has the custody thereof or who receives whether on his own behalf, or on behalf of any other person rent for such fishing vessels;
(m) “port” means the space within such limits as may, from time to time, be defined by the Government, by notification in the Official Gazette, for the purposes of this Act;
(n) “prescribed” means prescribed by rules made under this Act;
(o)“’registered fishing vessel” means-
(i) a fishing vessel registered under section 11 of the Marine Products Export Development Authority Act, 1972 (Central Act 13 of 1972); or
(ii) a vessel registered as a fishing vessel under section 9 of this Act;
(p) “specified area” means such area or areas in the sea along the entire coastline of the Union Territory, but not beyond the territorial waters, as may be specified by the Government, by notification in the Official Gazette from time to time;
(q)”Union Territory” means the Union territory of Puducherry and includes the territorial waters along the entire coastline of the Union Territory.
Authorised officer for the purposes of any provision of this Act
3. The Government may, by notification in the Official Gazette, authorize an officer of the Government of Puducherry not below the rank of an Assistant Director of Fisheries, or any officer of the Central Government with the consent of that Government, to exercise the powers conferred on, and discharge the duties imposed upon such officer under this Act, in such area or areas as may be specified in the notification.
CHAPTER – II RECULATION OF FISHING Power to regulate, restrict or prohibit certain matters within specified area