(1) The Government, may, having regard to the provisions of sub-section (2), by order notified in the Official Gazette, regulate, restrict or prohibit-
(a) the fishing in any specified area by such class or classes of fishing vessels as may be prescribed; or 528
(b) the number of fishing vessels which may be used for fishing in any specified area; or
(c) the catching in any specified area of such species of fish and for such period as may be specified in the notification; or
(d) the use of such fishing gear in any specified area as may be prescribed; or
(e) fishing in any specified area during such period of day or night as may be prescribed.
(2) In making an order under sub-section (1), the Government shall have due regard to the following matters, namely:-
(a) the need to protect the interest of different sections of persons engaged in fishing, particularly those engaged in fishing by using traditional fishing crafts such as catamaran, country craft, canoe or dinghy;
(b) the need to conserve fish and to regulate fishing on a scientific basis;
(c) the need to maintain law and order in the sea;
(d) the need to lease any specified area of the territorial waters to conserve or culture any species of fish or shellfish;
(e) the need to lease out right to fish in the territorial waters for fish culture and harvest; and
(g) any other matter as may be prescribed.
(3) Notwithstanding anything contained in sub-sections (1) and (2), no owner or master of a mechanized fishing vessel shall use or cause or allow to be used such fishing vessel for fishing operation in the sea within three nautical miles from the coastline in the Union Territory and the owner or master of a mechanised fishing vessel shall use or cause or allow to be used such mechanised fishing vessels only beyond three nautical miles from the coastline in the Union Territory and such operation beyond three nautical miles shall be subject to the following condition, namely:-
(i) the mechanised fishing vessel referred to in this sub-section shall leave the notified place of berth or anchoring only after 5 a.m. and the mechanized fishing vessel shall report back at the notified place of berth concerned not later than 9 p.m. and such mechanized fishing vessel shall remain at the notified place of berth or anchoring till 5 a.m. of the following day.
Explanation.- “Notified place of berth or anchoring” in respect of a mechanized fishing vessel means the place of berth or anchoring which the authorized officer shall specify as a place of berth or anchoring for that mechanized fishing vessel;
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(ii) any other condition which the Government may on the recommendation of the Director of Fisheries, specify.
(4) Notwithstanding anything contained in sub-section (1) and (2), no owner or master of a deep sea fishing vessel shall use or cause or allow to be used such fishing vessel for fishing operation in the sea within three nautical miles from the coastline in the Union Territory and the owner or master of a deep sea fishing vessel shall use or cause or allow to be used such deep sea fishing vessel only beyond three nautical miles from the coastline in the Union Territory and such operation beyond three nautical miles shall be subject to such conditions as the Government may by notification, specify.
Prohibition of use of fishing vessel in contravention of any order made under section 4
5. No owner or master of a fishing vessel shall use, or cause to allow such vessel to be used, for fishing in any manner which contravenes an order made under section 4:
Provided that nothing in such order shall be construed as preventing the passage of any fishing vessel from, or to, the shore, through any area whether specified area or otherwise:
Provided further that the passing of such fishing vessel through any specified area shall not, in any manner, cause any damage to any fishing nets or tackles belonging to any person who engages in fishing in the specified area by using any traditional fishing craft such as catamaran, country craft, canoe or dinghy in accordance with the provisions of this Act.
Licensing of fishing vessels