17-A. Prohibition of fishing vessel for use of other purposes.-
(1) No owner or master of a fishing vessel shall use or cause or allow to be used such fishing vessel:-
(a) for fishing in contravention of any of the provisions of the Act or rules or of any notification issued thereunder;
(b) for any unlawful activities other than fishing;
Insertion of new section 17-A TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(c) for fishing by using prohibited gear or carry prohibited gear onboard;
(d) for fishing of any fish species declared as protected fish species under the Wild Life (Protection) Act, 1972 (Central Act 53 of 1972).
19. In section 18 of the principal Act,-
(1) in sub-section (1),-
(a) for the expression "without buoy, first aid box, equipment for communication and life saving and fire fighting appliances", the expression "without sea safety, surveillance and communication system" shall be substituted;
(b) for the expression "shall be liable to such penalty not exceeding", the expression "shall be liable to such penalty" shall be substituted;
(c) for clauses (a), (b) and (c), the following clauses shall be substituted, namely:-
(a) not exceeding fifteen thousand rupees, if the value of fish involved is three thousand rupees or less;
(b) not exceeding five times the value of the fish, if the value of the fish involved is more than three thousand rupees; or
(c) not exceeding fifteen thousand rupees, in any other case, being a case not involving any fish, as may be adjudged by the adjudicating officer.
(d) which shall be,-
(i) five thousand rupees, if the fishing vessel entered the specified area for the first time and discontinuance of any kind of assistance for fishing extended by the Government for a minimum period of one year;
(ii) ten thousand rupees, if the fishing vessel entered the specified area for the second time and discontinuance of any kind of assistance for fishing extended by the Government for a minimum period of three years;
(iii) fifteen thousand rupees, if the fishing vessel entered the specified area for the third time and discontinuance of any kind of assistance for fishing extended by the Government for life time;
(iv) fifteen thousand rupees, if the fishing vessel entered the specified area for the fourth time and suspension of fishing for a week;
(v) fifteen thousand rupees, if the fishing vessel entered the specified area for the fifth time and cancellation of fishing licence;
(e) which shall be,-
(i)five thousand rupees and discontinuance of any kind of assistance for fishing extended by the Government for a minimum period of one year, if the fishing vessel entered the "no fishing zone" for first time;
(ii) ten thousand rupees and discontinuance of any kind of assistance for fishing extended by the Government for a minimum period Amendmen t of section 18 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY of three years, if the fishing vessel entered the "no fishing zone" for second time;
(iii) fifteen thousand rupees and discontinuance of any kind of assistance for fishing extended by the Government for life time along with cancellation of fishing licence, if the fishing vessel entered the "no fishing zone" for third time;
(f) which shall be,-
(i) five thousand rupees for the fishing vessel carrying out fishing during the specified period for the first time along with impoundment of fishing vessel for the entire specified period and discontinuance of any kind of assistance for fishing extended by the Government for a minimum period of one year;
(ii) ten thousand rupees for the fishing vessel carrying out fishing during the specified period for the second time along with impoundment of the fishing vessel for the entire specified period and discontinuance of any kind of assistance for fishing extended by the Government for a minimum period of three year;
(iii) fifteen thousand rupees for the fishing vessel carrying out fishing during the specified period for the third time along with cancellation of licence and cancellation of any kind of assistance for fishing extended by the Government.
(2) after sub-section (1), the following sub-section shall be inserted, namely:- (1-A) The adjudicating officer shall after the enquiry under section 17, decide whether any unit has contravened any of the provisions of this Act or of any notification issued or of any rule made thereunder or any of the conditions of the certificate of registration granted under this Act and any such unit, on being found guilty by the adjudicating officer, shall be liable to such penalty,-
(a) not exceeding fifteen thousand rupees, if the unit has engaged in such offence for the first time;
(b) minimum of fifteen thousand rupees not exceeding fifty thousand rupees, for subsequent offence by the unit.
(3) in sub-section (2),
(a) in clause (a), for the expression "does not carry buoy, first aid box, equipment for communication and life saving and fire fighting appliances", the expression "does not carry sea safety, surveillance and communication system or which" shall be substituted;
(b) after clause (b), the following clause shall be added, namely:-
(c)the unit may be kept closed for such period as the adjudicating officer may deem fit.
(3) after sub-section (2), the following sub-section shall be added, namely:-
(3) (a) The fishing vessels engaged in unlawful activities other than fishing and found guilty or violating any provisions of the Act, shall be impounded by the authorised officer and on adjudication they shall be confiscated and either be disposed in public auction or destroyed upon orders of the adjudicating officer or by any other competent authority in the TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY presence of panel of members.
Explanation:- For the purpose of this section, Panel of members" includes an officer not below the rank of Village Administrative Officer in the Revenue Department and an officer not below the rank of Sub-Inspector in the Police Department, in addition to the officer not below the rank of Sub- Inspector of Fisheries in the Fisheries Department.".
(b) While fishing in the sea, if any person found, engaged in illegal activities which amount to be a cognizable offence, by an officer of the Department of Fisheries, a case be registered under relevant section of the Indian Penal Code, 1860 (Central Act XLV of 1860) and any other relevant Act for the time being in force by the police on a written request to be made by the authorised officer concerned.".