ANDHRA PRADESH MARINE FISHING (REGULATION) ACT, 1994
9 of 1995
8th February, 1995
In the context of the rapid expansion of the marine fishing activities due to the introduction of mechanised boats and deep sea fishing trawlers, there is every possibility of conflict of interests between operators of mechanised boats and trawlers and traditional fishermen using non mechanised fishing vessels. In order to avert such conflicts and with a view to protecting the interests of small fishermen, the Government of India, have appointed a committee headed by Sri A.K. Mazumdar, to examine the question of delimiting areas of fishing for different types of boats and to recommend other necessary measures. The main recommendation of the committee is for enactment of a specific legislation by the concerned States to regulate marine fishing by reservation and demarcation of zones and regulation of fishing by fishing vessels in the territorial waters in the sea along coast line of the state. The Government of India have commended to the States the recommendation of the Committee, since it is within the competence of the State Legislature to enact such legislation. The State Government have accordingly decided to enact a suitable legislation for the above purpose, basing on the Orissa Marine Fishing Regulation Act, 1982 (Orissa Act 10 of 1982)
An Act to provide for the Regulation of Fishing by Fishing Vessels in the Territorial Waters in the Sea along the Coast line of the State of Andhra Pradesh and for matters connected therewith. Be it enacted by the Legislative Assembly of State of Andhra Pradesh in the Forty sixth Year of the Republic of India as follows:-
CHAPTER 1 Preliminary
Section 1 Short title, extent and commencement
(1) This Act may be called the Andhra Pradesh Marine Fishing (Regulation) Act, 1994.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such *date as the State Government may, by notification appoint.
Section 2 Definitions
In this Act, unless the context otherwise requires :
(a) adjudicating officer means any officer of the Fisheries Department, not below the rank of an Assistant Director of Fisheries, authorised by the Government, by notification, to exercise the powers conferred on or to perform the functions entrusted to and discharge the duties imposed upon, adjudicating officer by or under this Act for such area as may be specified in the notification.
(b) Appellate Board means an Appellate Board constituted under Section 18;
(c) Authorised Officer means an Officer authorised under Section 3;
(e) Government means the State Government;
(f) Licence means a licence issued or renewed under Section 6;
(g) Notification means a notification published in the Andhra Pradesh Gazette, and the word Notified shall be construed accordingly;
(h) owner in relation to any fishing vessel means the owner or master, or any agent of such owner, and includes a mortgagee, lessee or other person in actual possession of the fishing vessel;
(i) prescribed means prescribed by rules made by Government under this Act;
(j) port means the space within such limits as may from time to time be defined by the Government, by notification for the purpose of this Act;
(l) specified area means such area within the such limits in the sea along the entire coast line of the State, but not beyond territorial waters or exclusive economic zone as may be specified by notification, by the Government.
(m) State means the State of Andhra Pradesh and includes the territorial waters along the entire coast line of that State.
Section 3 Authorisation of officer for the purposes of any provisions of this Act
The Government may, by notification authorise,
(a) any officer of the Government, not being an officer below the rank of a Gazette Officer; or
(b) any officer of the Central Government, not being an officer below the rank of a Gazette Officer or a Commissioned Officer in the Armed Forces of the Union with the consent of that Government, to exercise the powers conferred on, and discharge the duties imposed upon the authorised officer under this Act, in such area as may be specified in the notification.
CHAPTER 2 Regulation of Fishing
Section 4 Power to regulate, restrict or prohibit certain matters within specified area
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Section 5 Prohibition of use of fishing vessel in contravention of any order made under Section 4
No owner or master of a fishing vessel shall use, or cause or allow to be used, such fishing vessel 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 through any specified area and 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, or canoe.
Section 6 Licensing of fishing vessels
(1) The owner of a registered fishing vessel may make an application to the authorised officer for the grant of a licence for using such fishing vessel for fishing in any specified area.
(2) Every application under sub section (1) shall be in such form, contain such particulars, and be accompanied by such fee, as may be prescribed.
(3) The authorised officer may after making such enquiry as he deems fit and having regard to the matters referred to in sub section (4), either grant or refuse to grant, to the owner of the fishing vessel, a licence for using such fishing vessel for fishing in the specified area or specified areas mentioned in such licence.
(6) A licence granted under this section shall be valid for the period specified therein or for such extended period as the authorised officer may think fit to allow in any case.
Section 7 Prohibition of fishing using fishing vessels which are not licensed
No person shall, after the commencement of this Act, carry on fishing in any specified area using a fishing vessel which is not licensed under Section 6. Provided that nothing in this section shall apply to any fishing vessel, which is used for fishing at the commencement of this Act, for such period as may be specified by the Government, by notification.
Section 8 Cancellation, suspension and amendment of licences
(2) Subject to any rules that may be made in this behalf, the authorised officer may also vary or amend a licence granted under Section 6.
Section 9 Registration of vessels
(1) The owner of every vessel not being a fishing vessel registered under Section 11 of the Marine Products Export Development Authority Act, 1972, shall register such vessel under this Act.
(3) The authorised officer shall issue to the owner of the vessel registered by him a certificate of registration in the prescribed form and shall enter the particulars of such certificate, in a register to be kept by him, in such form as may be prescribed.
(4) Registration once made shall be in force unit it is cancelled by the authorised officer.
(5) Every vessel registered under this section shall carry a registration mark, assigned to it by the authorised officer, displayed in the prescribed manner.
(6) No vessel, other than a registered fishing vessel, shall be entitled to licence under Section 6.
Section 10 Information to be given to authorised officer about movement of fishing vessels
Where a registered fishing vessel moves form the area of one port to the area of another port, the owner of such fishing vessel shall give information to that effect, in the prescribed manner, to the authorised officer by whom such fishing vessel was registered and also to the port officer having jurisdiction over the area whereto such fishing vessel has been moved.
Section 11 Return to be made by owners of registered fishing vessels
(1) Every owner of a registered fishing vessel shall furnish to the authorised officer at the prescribed time and in the prescribed manner such returns as may be prescribed.
(2) The authorised officer may inspect any registered fishing vessel at any time to verify the accuracy of any return made under this section.
Section 12 Finality of orders under Section 6, 8 or 9
Every decision of the authorised officer under Section 6, Section 8 or Section 9, granting or refusing to grant licence for a fishing vessel or cancelling, suspending, varying or amending such licence or registering, or cancelling the registration of vessel shall, subject to any right of appeal under Section 13 be final.
Section 13 Appeals against orders refusing grant of licence
(2) On receipt of an appeal under sub section (1) the appellate authority shall, after giving the appellant a reasonable opportunity of being heard, pass such orders thereon as it deems fit as expeditiously as possible.
(3) Every order passed by the appellate authority under this section shall be final.
CHAPTER 3 Penalties
Section 14 Power to enter and search fishing vessels
The authorised officer may, if he has reason to believe that any fishing vessel is being, or has been, used in contravention of any of the provisions of this Act, or of any order or rule made thereunder or any of the conditions of the licence, enter and search such vessel and impound such vessel and seize any fish found in it.
Section 15 Disposal of seized fish
(1) The authorised officer shall keep the fishing vessel impounded under Section 14, in such place and in such manner as may be prescribed.
(2) In the absence of suitable facilities for the storage of the fish seized, the authorised officer may, if he is of the opinion that the disposal of such fish is necessary, dispose of such fish and deposit the proceeds thereof in the prescribed manner in the office of the adjudicating officer.
Section 16 Adjudication
(1) The Government shall, by notification, appoint an officer not below the rank of a gazetted officer in the Fisheries Department as the adjudicating officer to exercise such functions and perform such duties as may be specified in the notification.
(2) The authorised officer shall send a report of the fishing vessel impounded and the fish seized therefrom under Section 14 to the adjudicating officer, in such manner as may be prescribed.
(3) The adjudicating officer shall hold an enquiry into the matters mentioned in the report, in the prescribed manner, after giving all the parties concerned a reasonable opportunity of being heard.
Section 17 Penalty
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Section 18 Constitution of Appellate Board and appeal to Appellate Board
(1) The Government may, by notification constitute one or more Appellate Board or Appellate Boards.
(2) The Appellate Board shall consist of three members of whom one shall be a person who is or has been District Judge, who shall be appointed as the Chairman of the Appellate Board.
(3) Where only one Appellate Board is constituted that Appellate Board shall have jurisdiction throughout the State, and where more than one Appellate Board is constituted by the Government, the Government may, by notification define the jurisdiction of each Appellate Board.
Section 19 Revision by Appellate Board
The Appellate Board may call for and examine the records of any order passed by an adjudicating officer under Section 17 and against which no appeal has been preferred under Section 18 for the purpose of satisfying itself as to the legality or propriety of such order or as to the regularity of the procedure and pass such order with respect thereto as it may think fit:
Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard in the matter.
Section 20 Powers of adjudicating officer the Appellate Board in relation to holding enquiry under this Act
(2) The adjudicating officer or the Appellate Board shall, while exercising any power under this Act, be deemed to be a civil Court for purposes of Sections 345 and 346 of the Code of Criminal Procedure, 1973.
Section 21 Offences by companies
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CHAPTER 4 Miscellaneous
Section 22 Exemptions
(1) Nothing contained in this Act, shall apply to survey vessels belonging to the Central Government or any State Government or any Public Undertaking.
(2) If the Government is of the opinion that, having regard to the purposes of this Act, it would not be in the public interest to apply all or any of the provisions of this Act to any class or classes of fishing vessels used for fishing in any specified area or specified areas, it may by notification exempt, subject to such conditions as it may think fit to impose such class or classes of fishing vessels used for fishing in such specified area or specified areas, as it may specify in the notification, from the operation of all or any of the provisions of this Act.
Section 23 Protection of action taken in good faith
(1) No suit, prosecution or other legal proceeding shall lie against the Government or any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Act or any order or rule made thereunder.
(2) No suit or other legal proceedings shall lie against the Government or any officer or authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
Section 24 Power to make rules
(1) The Government may, by notification make rules for carrying out the provisions of this Act.
(3) Every rule made under this Act, shall immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session, in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agree in making any modification in the rule or in the annulment of the rule, shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
RULE:
ANDHRA PRADESH MARINE FISHING (REGULATION) RULES, 1995
In exercise of the powers conferred under sub-section (1) of Section 24 of the Andhra Pradesh Marine Fishing (Regulation) Act, 1994 (Act 9 of 1995) the Government of Andhra Pradesh hereby makes the following rules
CHAPTER 1 Preliminary
Rule 1 Short title and commencement
(1) These rules may be called the Andhra Pradesh Marine Fishing (Regulation) Rules, 1995.
(2) They shall come into force with effect from the date on which the rules are published in the Andhra Pradesh Gazette.
Rule 2 Definition
(2) Words and expressions used these rules, but not defined herein, shall have the meaning respectively assigned to them in the Act.
CHAPTER 2 Registration
Rule 3 Application for registration of vessels
(1) Application form for registration of fishing vessels shall be obtained from the office of the authorized officer on payment of Rs.5/- (Rupees Five only) for each form.
(3) All mechanized fishing boats and other vessels operated for fishing purpose should apply in Form-I-(A) and all Traditional country crafts and motorized Beach Landing Crafts, should apply in Form-I(B) for registration with the Authorised Officer or as notified by the Director of Fisheries/Commissioner of Fisheries under this Act failing which the Authorised Officer or any Gazetted Officer concerned will be competent to seize such craft/vessel/trawler whenever noticed under Section 9 of the Act.
Rule 4 Fees payable for registration of vessels
The registration fee for a fishing vessel once for its life time shall be paid at the rate as specified in the table below The aforesaid amounts shall be increased/revised as and when the Government consider necessary.
Rule 5 Conditions for issue of the certificate of registration
(2) Issue of certificate of registration:-- The Authorised Officer shall issue the certificate of registration under sub-section (3) of Section 9 of the Act in favour of owner of the following vessel in Form-II after entering the same in the register maintained for the purpose.
Rule 6 Change of ownership
(1) In case of change in ownership, the person, in the name of whom the ownership to be transferred, shall apply Form I to the concerned Authorised Officer for issue of certificate of Registration in his favour.
(2) Whenever change of ownership is applied for, the Authorised Officer can change the ownership duly collecting the nominal fee equal to 1/5th of the registration fee collected at the time of original registration and transfer of ownership shall be endorsed on the original registration certificate.
CHAPTER 3 Licence
Rule 7 Application for fishing licence
Every application for grant of a fishing licence under sub-section (1) of Section 6 of the Act shall be made before the Authorised Officer by the owner of the said vessel in the Form III obtainable from the office of the Authorised Officer on payment of Rs.5/- (Rupees Five only) for each form.
Rule 8 Fee payable for licence
(2) The Government whenever considered necessary may increase the amount of fee specified above.
Rule 9 Renewal of licence
Every application for renewal of licence shall be made by the owner along with the money receipt supporting deposit of licence fee as per provision under Rule 8(1) to the Authorised Officer of the area concerned on or before 30th June of the year.
Rule 10 Penalty for not obtaining licence
(1) In case the owner of the registered fishing vessel fails to obtain licence or to pay the fees for renewal of licence by the date stipulated under rule, he shall be liable to pay licence fees, prescribed for the respective categories as specified under the Table in Rule 8(1) plus a penalty equal to 1/5th of the licence fee.
(2) If the registered fishing vessel fails to obtain the renewal of licence, within a maximum period of 90 (ninety) days from the expiry of the licence, such vessel will be liable for seizure.
Rule 11 Issue of licence
(1) The Authorised Officer, after making enquiry under sub-section (3) of Section 6 of the Act, shall issue a licence for the said vessel in Form IV and in case of renewal the Authorised Officer shall only give an extension for which the licence fees is paid subject to the conditions as laid down in Form IV. In case of any violation of the conditions by the licence holders of any of the fishing vessels the Authorised Officer may immediately suspend or cancel or amend the licence of the said vessel under Section 8 of the Act and report to the Adjudicating Officer immediately. Issue of a licence cannot be claimed as a matter of right.
(2) The vessel to which the licence under this Act is given should be used only for conducting fishing. It should not conduct any operations other than fishing.
(3) Authorised Officer is empowered to regulate the mesh size of the net to protect juveniles based on the local conditions
CHAPTER 4 Functions of Authorised Officer
Rule 12 Duties of the Authorized Officer
(2) The Authorised Officer shall mention clearly the registration number of the fishing vessel in the certificate of registration and the owner of the said vessel shall display the registration number in bold letters (Black and white) and particulars of the ownership as well as the vessel, outside the forebow on both sides of the said vessel. The registration number should also be suffixed with code letters to the District and Port etc.
(3) The Authorised Officer shall maintain separate register on issue of licence for fishing and separate case history for each case on granting or refusing the licence.
(4) The Authorised Officer shall mention, in the record clearly the date of renewal and the period for which the licence fee is paid under Rule 9, against each of the fishing vessel with is signature. Also maintain the remittance particulars and concerned records on collection of fees and furnish reports to the Commissioner of Fisheries/Director of Fisheries, Andhra Pradesh, Hyderabad every month.
(5) The collection of fees towards registration and licence, specified under Rules 4 and 8 respectively shall be credited under the appropriate receipt Head of Account of the Department.
(6) In case of any refusal for issue of licence to the fishing vessels under sub-section (3) of Section 6 of the Act, the Authorised Officer shall record the reasons of refusal and a copy of the same along with the orders of the refusal shall be made available to the applicant.
(8) If the names of the crew are not known the Authorised Officer is empowered to seize the vessel duly recording reasons for seizure in the seizer list at the time of seizing the vessel/boat/craft.
(9) The Authorised Officer should also issue identification cards to all the crew of the vessel concerned.
CHAPTER 5 Adjudicating Officer
Rule 13 Duties of the Adjudicating Officer
(1) The Adjudicating Officer on receipt of any report from the Authorised Officer as provided under Section 16(1) of the Act shall issue notices to the parties concerned within a period not exceeding 15 (fifteen) days for hearing.
(3) The Adjudicating Officer should see that the notice is served properly intime with due acknowledgement to the parties concerned.
(4) The Adjudicating Officer shall as far as possible dispose of the case within 60 (sixty) days from the date of receipt of such report. In cases where the disposal is delayed, he shall record the reasons for the delay. The copy of the order and the reasons thereof shall be supplied to the parties.
(5) The Adjudicating Officer can impose penalty specified under sub-sections (1) and (2) of Section 17 of the Act where the fishing vessel violated the conditions specified under the Act and Rules.
Rule 14 Disposal of seized fish
The sale proceeds of fish so seized and sold, shall be kept in the custody of the Adjudicating Officer till finalisation of the case.
Rule 15 Preservation of seized vessel
(1) The Adjudicating Officer on receipt of any report from the Authorised Officer shall direct the Authorised Officer to keep the seized vessel in his safe custody or direct the Authorised Officer to take care of seized vessels/boats/craft and also incur nominal expenditure for watch and ward and other expenditures. However, the total expenditure shall be recovered from the owner, while releasing the boat to him.
(2) The Authorised Officer is empowered to dispose off the impounded vessel/boat/crafts as unclaimed property, if the owner failed to comply with the decision of Regional Joint Director Fisheries/Regional Deputy Director of Fisheries (Adjudicating Officer) or Appellate Board whoever passed orders with ninety days after obtaining permission of the Regional Joint Director of Fisheries/Regional Deputy Director of Fisheries (Adjudicating Officer) and after giving a final notice to the owner. The sale proceeds should be credited to the departmental receipt head of account.
CHAPTER 6 CHAPTER
Rule 16 Restriction of Fishing
(1) Non-mechanised Traditional Fishing Crafts shall be allowed to operate freely without any restrictions. Water upto 8 Kms., from the shore be reserved exclusively for such fishing crafts and in no case any other type of mechanized fishing vessel shall be allowed to operate in that area.
(2) Mechanised Fishing Vessels below 15 metres OAL shall be allowed to operate from 8 Kms., and above from the coast.
(3) Mechanised fishing vessels of twenty-five gross tonnes and above or 15 metres and above of length shall be allowed to operate only beyond 23 Kms. from the coast.
(4) In no case any fishing vessel allowed to operate under sub-rules (1), (2) and (3) above shall operate beyond twenty four kilometers from shore.
(5) In case the Coast Guard Unit on patrolling duty of the State/Central have noticed operating mechanised fishing boats within the area of 8 Km., from shore such vessels will be seized by the Authorised Officer and they are liable for penalties specified under Section 17 of the Act.
Rule 17
The mechanised vessels including off-shore and deep sea fishing vessels should be very careful during their to and fro movement in the sea in order to avoid any damage or loss to the nets, fishing gear etc., fishing gear etc., of the other vessels laid in the sea and they will be held responsible for such losses.
Rule 18
Every owner of a registered fishing vessel shall furnish under sub-section (1) of Section 11 of the Act, a monthly report to the concerned Authorised Officer in Form-V.
CHAPTER 7 Appellate Board
Rule 19 Secretary of the Appellate Board
The Joint Director of Fisheries (Marine), Office of the Commissioner of Fisheries/Director of Fisheries, Hyderabad shall officiate as Secretary of the Appellate Board. The appeals are to be addressed to the Chairman and sent to Joint Director (Marine) at Head Office by Registered Post invariably who will make all correspondence, keep all the case record and arrange for the sitting of the Board in consultation of the Chairman and members.
Rule 20 TA/DA Payable to the Appellate Board
For each sitting of the Appellate Board the Chairman, the members and the Secretary shall receive Travelling Allowance and Daily Allowance as admissible under the Andhra Pradesh Travelling Allowance Rules.
Rule 21 Jurisdiction of the Appellate Board
The Appellate Boards organised covering the entire coast line of Andhra Pradesh shall have the jurisdiction as detailed below. The other members of the Appellate Board shall be the Joint Director of Fisheries (Marine) Office of the Director of Fisheries/Commissioner of Fisheries, Andhra Pradesh, Hyderabad and concerned District Revenue Officer of the headquarters of the Appellate Boards.
CHAPTER 8 Appeals
Rule 22 Appellate Authority
Appeals under sub-section (1) of Section 13 of the Act shall be preferred to the Additional Director of Fisheries, Andhra Pradesh, Hyderabad who shall be the Appellate Authorised.
Rule 23 Procedure for presentation and disposal of appeals by the Appellate Authority
(1) An appeal to the Appellate Authority shall be presented by the owner of the fishing vessel or by his duly appointed agent either in person during the office hours or sent by the registered post.
(2) When such an appeal is presented by an agent, it shall be accompanied by a letter of authority of the appellant, appointing him as such.
(3) Every appeal shall be accompanied by a certified copy of the order against which the appeal is preferred.
(5) On receipt of the appeal the Appellate Authority shall endorse on it the date of its receipt.
(7) On receipt of an appeal, the Appellate Authority shall fix a date of hearing and issue notice of hearing to the appellant as well as Authorised Officer.
(8) Hearing of appellant and passing suitable orders:-- On the date so fixed, the Appellate Authority shall hear from the appellant or his agent and Authorised Officer about the case with reference to evidences produced.
(9) The Appellate Authority may adjourn to any other day for hearing of any appeal at any stage.
(10) When the hearing of the appeals is completed, the Appellate Authority may pronounce its judgment forthwith or may reserve if for a subsequent date.
(11) Every decision or order of the Appellate Authority shall be supplied to the appellant and such other parties as the Appellate Authority deems proper.
Rule 24 Procedure for presentation to and disposal of appeal by Appellate Board
(1) Subject to the provisions of Section 18 of the Act, the procedure laid down in Rule 23 shall mutatis mutandis apply to appeals preferred to the Appellate Board.
(2) Where there is difference of opinion of members of the Appellate Board, the verdict of the Chairman, who is District Judge shall be final.
Rule 25 Procedure for remittance of
Unless Government otherwise directs, all fees payable under the Act or the rules shall be credited into the Treasury/Sub-Treasury under the Head “112-Fisheries (c) - Other receipts (B) Miscellaneous Receipts” or other Head of account of the Department, revised from time to time. |
