(1) The State Government may, having regard to the provisions of sub-section (2), by order notified in the Official Gazette, regulate, restrict or prohibit the following matters:—
(a) the fishing in any specified area by such class or classes of fishing vessels as may be prescribed;
(b) the number, size and class of fishing vessels which may be used for fishing in any specified area;
(c) the catching in any specified area of such species of fish and for such period as may be specified in the notification;
(d) the use of such fishing gear indicating mesh, size or type of construction or by other general description in any specified area as may be prescribed.
(2) In making an order under sub-section ( I), the State Government shall have regard to the following matters:—
(a) the need to protect the interests of different sections of persons engaged in fishing, particularly those engaged in fishing using fishing vessel such as catamaran, country craft, or canoe;
(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) any other matter that may be prescribed.
5. No owner or master of a fishing vessel shall use, or cause or allow to be used, any fishing vessel for fishing in such manner as 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 specified area, or to or from any area, other than a specified area, for the purpose of fishing in any other area or for any other purpose:
Power to regulate, restrict or prohibit certain matters within specified areas.
Prohibition of use of fishing vessel in • contravention of any order made under section 4.
113 The West Bengal Marine Fishing Regulation Act, 1993.
[West Ben. Act Prohibition of fishing using fishing vessels which are not licensed.
Licensing o fishing vessel.
(Chapter IL—Regulation of fishing.—Sections 6, 7.)
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 registered fishing vessel.
6. No person shall, after the commencement of this Act, carry on fishing in any specified area using a fishing vessel unless he has obtained in this behalf a license in accordance with the provisions of this chapter:
Provided that nothing in this section shall apply to any fishing vessel, which was being used for fishing immediately before the commencement of this Act, for such period as may be specified by the State Government by notification.