CourtMesh

Section 3

The Uttarakhand Fisheries Rules,2003State Rules of Uttarakhand · 2003

(1) The State Government shall,by notification,declare the following waters other than private waters, namely—

(a) Rivers and streams;

(b) Waters of jheels;

(c) Johad,Puddle and pond(plain area)waters;

(d) Reservoir waters.

(2) The State Government may, by notification, divide all rivers and streams which are flowing naturally, on the basis of compatibility and availability of geographical and fisheries species, namely—

(a) Trout waters of river sand stream;

(b) Mahseer waters of rivers and stream;

(c) Common waters (hilly area)of river sand stream;

(d) Major carp waters (plain area)of river sand stream.

(3) In small cold stream of fast flow to be supplied from glacier in trout waters,which are suitable for the fish of trout 3 species,following areas shall be included, namely—

(i) River Song, river Tons and its tributaries, the area within district Uttarkashi and Dehradun upstream Tyuni;

(ii) River Pinder and its Tributaries upstream Karnaprayag, Nandakini river and its tributaries upstream Nandprayag, River Balkhila upstream Balkhila. River Birahi upstream Birahi and Kalpganga upstream Helang, the area within district of Chamoli;

(iii) River Mandakini and its tributaries upstream Augstmuni, area within the district of Rudraprayag.

(iv) River Asaiganga from Gangori to Dodital and River Bhagirathi and its tributaries upstream Gangori, area,within district Uttarkashi;

(v) River Saryu and its tributaries upstream Kapkot within the area of district Bageshwar;

(vi) River Purvi Ramganga and its tributaries upstream Tejam, area within district Pithoragarh;

(vii) River Gori and its tributaries upstream Madkot, within the area of district Pithoragarh; and

(viii) River Kali and its tributaries with river Dhaouli upstream Dharchula, area within the district Pithoragarh.

(4) In small water streams of natural source medium flow in Mahaseer waters, which are suitable for the fish of Mahseer species, following area shall be included, namely—

(i) River Yamuna and its tributaries from Barkot to Dakpatthar and Asan Bairraj and River Song, the area within district Dehradun;

(ii) River Ganga and its Tributaries from Devprayag to Haridwar, the area within district Pauri, Tehri and Dehradun;

(iii) River Nayaar and its tributaries, Khoh Nadi within district Pauri. Ramganga (w) and its tributaries from Nachni middle of Rameshwar,area within the district Pauri and 4 Almora;

(iv) River Ramganga (w) and its tributaries, river Kosi and its tributaries to Khairna bridge, within the area of district Almora;

(v) River Kali and its tributaries from Thuligaad to Broom,area within the district Pithoragarh;

(vi) River Ladhiya and its tributaries, river Lohawati and its tributaries and river Kali and its tributaries within the area of district Champawat, and

(vii) River Saryu and its tributaries between Sheraghat to Pancheshwar and river Gomati and its tributaries, area within district Bageshwar.

(5) In general waters (hilly area) where large rivers of long bridges with slow flow are included which are suitable for snow trout species fishery, following waters are included—

(i) Tons and its tributaries from Tyuni to Dakpatthar, area within the district Dehradun;

(ii) River Bhagirathi and its tributaries from Gangori to Dharasu, district Uttarkashi and from Tehri Bandh to Devprayag, area within district Tehri;

(iii) River Bhilangna and its tributaries upstream Pilakhi, area within Tehri district;

(iv) River Yamuna and its tributaries from Barkot to Damta, district Uttarkashi from Damta to Yamuna bridge, district tehri and downstream Dehradun and Yamuna bridge in Dehradun, area within the range of State of Uttarakhand;

(v) River Ganga from Devprayag to Rishikesh, district Tehri and Pauri, from Rishikesh to Haridwar, district Dehradun and Pauri and downstream Haridwar within the range of State of Uttarakhand;

(vi) River Alaknanda and its tributaries from Devprayag to Khankra, district Tehri and Pauri, from Khankra to Ghultir district Rudrapryag and upstream Ghultir, area within district Chamoli;

5

(vii) River Mandakini and its tributaries from Rudraprayag to Agustmuni, area within district Rudraprayag;

(viii) River Wholly Ramganga(w) and its tributaries, area within district Chamoli, Pauri, Almora and Nainital;

(ix) River Kosi and its tributaries upstream Kherna bridge, area within district Nainital and Almora;

(x) River Saryu and its tributaries from Kapkot to Seraghat, area within district Almora, Bageshwar and Pithoragarh;

(xi) River Ramganga (E) and its tributaries between Nachni to Tejam area within district Pithoragarh;

(xii) River Kali and its tributaries, area within district Pithoragarh between Jhoolaghat to Dharchula; and

(xiii) River Gori and its tributaries, area in the range of district Pithoragarh between Jouljivi to Madkot.

(6) In the major carp water (plainarea) of river sand streams, following waters shall be included—

(i) River Ganga and its tributaries within the range of district Haridwar and other rivers in the limit of State of Uttarakhand;

(ii) River Shardha within the range of district Udham Sing Nagar and other rivers within the extent of State.

Note:-Details of important rivers and their tributaries of the Uttarakhand are mentioned in the Appendix- I.

6 Waters of Jheel 4. (a) The state Government may divide such waters where the fisheries is available naturally and area of which place is more than 0.2 hectare and located in 1000 to 4000 meter A.S.L. as follows-

(i) All those pond or natural waters, which are located at the height of more than 1500 metre ASL and wherein trout fish are available or may enrich, protect and develop the fish of trout species in future.

(ii) All those pond or natural waters which are located at the height of less than 1500 meter ASL and wherein Mahseer fish are available or may enrich, protect and Develop the fish of Mahseer species in future.

(iii) All those Natural waters or pond, which are located at the height or pond, which are located the height of not less than 1000 meter ASL and wherein fish are available or may be produced.

Note: Details of important pond /(Jheels of Uttarakhand are mentioned in Appendix-II

(b) (i) Such waters of plain area where fisheries are available and area of which place is more than 0.20 hect.

(ii)Such reservoir in which fish are available or may be produced includes all artificial waters prepared on river system which are used in several work or proposed for future.

Note: (i) Details of important reservoir of Uttarakhand are mentioned in Appendix III.

Note: (ii) In Addition to the reservoir mention in abovesaid Rules 3 (i), (a) (b), (c) and (d) of these Rules, these Rules shall applicable to all such reservoir in the state of Uttarakhand which are not mentioned above but they are not private waters.

7 Fixation of waters and appointment of Nodal Authority

5. The State Government may issue the order to keep the right of ownership in situ on rivers and streams, Jheels, pond, reservoir in the forest department, Gram Panchayat, Gram Samaj, Irrigation department, Local bodies;

Provided that the State Government may appoint the Nodal authority for the execution of the affairs of enrichment, protection of fisheries, fisheries development, management, fisheries and fish stocking in such waters. Such Authority shall perform the said affairs under the relevant provisions of these Rules.

Determining the area of water reservoir for

6.

(1) The State government may divide the rivers, streams,jheels and reservoir etc of hilly area and plain area with a view to 8 Procedure of fishing Fisheries development and fishing as follows:-

(a) Waters of trout and Mahseer of rivers and stream and jheels of trout and Mahseer water;

(b) General waters (hilly areas) of rivers and streams and streams and general water jheels (hilly area);

(c) Johad, pond and puddle plain area (Waters);

(d) Reservoir Waters;

(e) Rivers of plain area of the state;

(2) (i) The State government may divide the trout and Mahseer waters of rivers and streams in the beat of one kilometer to five kilometer as trout per the necessity and the jheels of trout and Mahseer waters in the beat of minimum 500 meter on the basis of their size.

(ii) The body prescribed in rule 5, with the consent of concerned department/ departments, proceed the beat allocation on the basis of highest bid/tender by inviting the tenders through the process of tender to the registered self help groups, cooperative committees, Mahila Mangaldal and Yuva Mangaldal for fish sports /fishing at local level (level of Gram Panchayat):

Provided that if the said institution is not available at the Gram Panchayat Level, the institutions of Nyaya Panchayat level, may also be included:

Provided that if said institution is also not available at the Nayaya Panchayat level, then of block level and if not also available at block level then institution of district level may also be included;

(iii) Angling permit shall issued by the beat allocation received executive institution to the foreign tourist, native tourist and local rural under such conditions which may be determined by the state government from time to time.

(iv) Fishing in the area mentioned in sub-rule (2) (i) may be done only through the Angling Rod.

(v) The condition of the tender of the beat of area Mentioned in sub-rule (2) (i) shall be determined by the state government from time to time 9

(3) (i) The state government may divide the general waters (hilly area) from one kilometer to five kilometer as per the necessity and the general jheels (hilly area) in the beats of minimum five hundred meter on the basis of their size.

(ii) The body prescribed in rule 5, with the consent of department/ departments, proceed the beat allocation onthe basis of highest bid/tender inviting the tenders through the process of tender to the registered self help groups, cooperative committees, Mahila Mangaldal and Yuva Mangaldal for fish sports /fishing at local level (level of Gram Panchayat);

Provided that if the said institution is not available at the Gram Panchayat level, the institutions of Nyaya Panchayat level, may also be included;

Provided that if said institution is also not available at the Nayaya Panchayat level, then of block level and if not also available at block level then institution of district level may also be included;

(iii) Angling permit and fishing permit shall issued by the beat allocation received executive institution to the foreign tourist, native tourist and local rural under such conditions which may be determined by the state government from time to time.

(iv) Fishing in the area mentioned in sub-rule (3) (i) shall be permissible from the net of two inch or large dimension along with angling (through the angling rod).

(v) The condition of the tender of the beat of area mentioned in sub-rule (3) (i) shall be determined by the state government from time to time

(4) (i) The state government may arrange the fishery and fishing management in the Johad, puddle and pond of Gram Samaj existing in the plain area according to prevalent rules, Acts of the Gram Panchayat.

(ii) Arrangement of fishery and fishing management in the johad, puddle and ponds within the jurisdiction of local bodies shall be performed according to the prevalentrules, Acts.

10

(5) Inorder of the direction issued from time to time,the State Government may execute the fishing in the existing reservoir under control of the body mentioned in rule5 and in artificial reservoir (Dam and Barrage) established or to be established in the plain area through open tender.

(6) (i) The State Government may invite the open tenders by the tender procedure by dividing the existing river in the plain area in the beat of one kilometer tothree kilometer as per necessity and may execute the proceeding ofbeat allocation on the basis of highest tender/bidding.

(ii) Fishing by the all validate methods shall be permissible in the said waters.

Constitution of committee for beat allocation

7. The state Government may constitute a committee for the allocation of beat in trout and Mahseer waters of rivers and streams, general waters (hilly area) of rivers and streams, jheels of trout and Mahseer waters and general Jheel (hilly area),which consist the following:-

(1) Head of Department of the beat allocation department/Director- Chairman

(2) Officer of the level of joint director/deputy director of said department,- Member Secretary;

(3) District magistrate of concerned district or representative nominated by them,- Member;

(4) Represent ative of the body mentioned under Rule 5,- Member Procedure of beat allocation

Where this provision sits

ActThe Uttarakhand Fisheries Rules,2003
Section3
JurisdictionState of Uttarakhand
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Uttarakhand Fisheries Rules,2003 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.