Management of Indian Fisheries (Regulations)

PRESENTED BY: -ARNAB BASUROLL No. – 04IV th SEMS.I.F; C.U.S.A.T - 16

• MARITIME ZONE OF INDIA (REGULATION OF FISHING BY FOREIGN VESSEL) ACT,1981

• THE MERCHANT SHIPPING ACT, 1958

• THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY Act, 1972

CONTENTs

Maritime Zone Of India (Regulation Of Fishing By Foreign Vessel) Act,1981

Maritime Zone Of India (Regulation Of Fishing By Foreign Vessel) Act,1981 is force by Central govt. of India in the official gazette for REGULATING FISHING by FOREIGN VESSEL in the territorial zone/ EEZ of India.

According to this act, “FISHING” means catching, taking, killing, attracting or pursuing fish by any method includes the processing, preserving, transferring, receiving and transporting of fish.

According to this act, “FISH” means aquatic animal, whether piscine or not, and includes shellfish, crustacean, molluscs, turtle (chelonia), aquatic mammal (the young, fry, eggs and spawn thereof), holthurians, coelenterates, seaweed, coral (porifera) and any other aquatic life.

According to this act, “FOREIGN VESSEL” means any vessel other than an Indian vessel.

According to this act, “INDIAN VESSEL” means – (I) a vessel owned by govt. or by a corporation

established by a central Act/ state act.OR

(II) a vessel owned wholly by persons to each of whom comes under following descriptions :-

i. a citizen of India. ii. A company in which not less than 60 % of the

capital is held by citizens of India. iii. A registration co- operative society every member

where is citizen of India or where any other co-operative society is a member there, every individual who is a member of such other co-operative society is a citizen of India; and

iv. Which is registered under the merchant shipping act, 1985.

According to this act, those foreign vessel have license (under section 4) or permit (under section 5) they can be fishing within maritime zone of India.

According to this act, a license granted/ permit granted under following section: - (a) shall be in such form as may be prescribed. (b) shell be valid for such area, for such period, for such method of fishing and for such purposes as may be specified. (c) may be renewed for time to time. (d) shall be subject to such condition and restrictions as may be prescribed and to such additional conditions and restrictions as may specified there.

Provision For Cancellation or Suspension of License or Permit:-

• If any holder of the license/ permit has made any false statement, the license/ permit should be cancelled immediately. •Every person whose license or permit has suspended, immediately after such suspension, stop using the foreign vessel in which such license/ permit is given and shall not resume such fishing until the order of suspension has been revoked.•Every holder of license/ permit which cancellation or suspension shall, immediately after such cancellation or suspension surrender such license/ permit to the central govt.

Authorised officers and their power: -

Any officer of the coast guard or such officer of govt. as may be authorised person by central govt. for this purpose.

Power:-

i. Stop or board a foreign vessel in any maritime zone of India and search such vessel for fish & for equipment used or capable of being use for fishing.ii. Any license, permit, log book or other document related to the vessel & examine or take copies of such license, permit, log book or document.

(Cont…..)iii. Examine any catch, net, fishing gear or other equipment on board vessel.

iv. Inquiries & arrest any person who, has committed any offence.

v. In case any foreign vessel, who offends this act, is pursued beyond the limit of EEZ of India, the power given on an authorised officer, may be exercised beyond such limits, in such circumstances, in accordance with International law and State practice.

OFFENCE AND PENALTIES:-

•If any foreign vessel without any license or permit, fishing in any area within the territorial water of India, punishable with imprisonment for a term not exceeding 3 years or with fine not exceeding fifty lakhs or with both.•If any foreign vessel without any license or permit, fishing in any area within the EEZ of India, punishable with fine not exceeding 10 lakhs.•Contravenes of license provision, punishable with fine not exceeding rupees 10 lakhs.•Contravenes of permit provision, punishable with fine not exceeding rupees 50,000. ORContravenes related to the area of operation or method of fishing specified in permit, punishable with fine not exceeding rupees 5 lakhs.• Foreign vessel entering maritime zones of India without license or permit to stow gear, the owner/ master of such vessel shall be punishable with fine not exceeding rupees five lakhs.• Obstruction of any authorised officers, punishable with imprisonment for 1 year or fine not exceeding rupees 50,000 or both.

Reference: - 1. The maritime zones of India (Regulation of fishing by foreign vessels) act, 1981 (http://www.ofdc.org.tw/regulation/fishlaw/rulepage/law/asia/E_india02.pdf)

THE MERCHANT SHIPPING ACT, 1958

THE MERCHANT SHIPPING ACT forester for the development to ensure the efficient maintenance of an Indian mercantile marine and for that purpose to established a National Shipping Board and a Shipping Development Fund, to provide for the registration of Indian ships.

It comes into force by notification of Central Government, in the Official Gazette.

Application of Act: -

• The provisions of this Act, apply to ships which are registered in India or which are required to be registered shall apply, wherever the ships may be.

• The provisions of this Act, apply to ships other than those referred to in sub-section (1), shall apply only while any such ships is within India, including the territorial waters.

Establishment of National Shipping Board: -

Central Government by notification in the Official Gazette established a Board to be called the National Shipping Board. This Board shall consist of the following members, namely:-(a) 6 members elected by Parliament, 4 members elected

by the House of the People and the other 2 members elected by the Council of States;

(b) Other members, not exceeding 16; Central Government appoint to the Board, to represent-(i) The Central Government member,(ii) Ship owners,(iii) Seamen, and(iv) Other member

• Board shall include an equal number of persons representing the ship owners and seamen. The Central Government shall nominate one of the members of the Board to be the Chairman of the Board. The Board shall have power to regulate its own procedure.

Functions of National Shipping Board: -

The Board shall give advice to the Central Government -

(a) On matters relating to Indian shipping, including the development; and

(b) On other matters arising out of this Act as the Central Government may refer to it for advice.

Mercantile Marine Department: -

Central Government establish the Mercantile Marine Department at each of the ports of Bombay, Calcutta and Madras and at such other port in India for maintain the administration of this Act and the rules and regulations.

Director-General of Shipping: -

Central Government appoint a person to be the Director-General of Shipping for the purpose of exercising or discharging the powers.

Constitution and procedure of Marine Board: -

• A Marine Board shall consist of the officer convening the Board and two other members.

•The two other members of the Marine Board shall be appointed by the officer convening the Marine Board from among persons conversant with maritime or mercantile affairs.

• The officer convening the Marine Board shall be the presiding officer thereof.

• A Marine Board, shall, subject to the provisions of this Act, have power to regulate its own procedure.

Powers of Marine Board: -

•Maintaining safety of an Indian ship or her cargo or crew etc. If necessary remove the master and appoint another qualified person to act in his stead;

•Discharges a seaman from an Indian ship; order the wages of any seaman; discharged or any part of those wages to be forfeited decided by this board;

•Decide any wages, fines or forfeitures arising between any of the parties to the proceedings;

(Cont….)

•Direct that any or all of the incurred by the master or owner of an Indian ship or on the maintenance of a seaman or apprentice while in prison outside India shall be paid out of, and deducted from, the wages of that seaman or apprentice, whether earned or subsequently earned;

•Order a survey to be made of any Indian ship which is the subject of investigation;

(Cont….) •If any master or officer of an Indian ship is incompetent or has been guilty of any act of misconduct or in a case of collision has failed to render such assistance, abandonment or stranding of or serious damage to any person has been caused by the wrongful act or default of any master or ship's officer of an Indian ship, suspend the certificate of that master or ship's officer for a stated period.But provided that no such certificate shall be suspended unless the master or officer concerned has been furnished with a statement of the case and has also been given an opportunity of making a defence either in person.

All orders, made by a Marine Board shall, be entered in the official log book of the ship which is the subject of investigation or on board which the casualty or occurrence or conduct investigated took place, and be signed by the presiding officer of the Board.

Formation of Shipping Development Fund: -

For maintaining Indian mercantile marine formed a fund to be called the Shipping Development Fund & it shall be credited to-

(a) The amount of such grants as the Central Government may make for being credited to the Fund;

(b) The amount of any loans advanced by the Central Government to the Committee constituted under section 15 for carrying out the objects of the Fund;

(c) Such sums of money may, from time to time, be realized out of repayment of loans made from the Fund or from interest on loans or dividends from investments made from the Fund;

(d) Other sums as may be received for being credited to the Fund.

Shipping Development Fund Committee: -

The Central Government constitute a committed to be called the Shipping Development Fund Committee consisting of a chairman and such number of other members, not exceeding six. The Committee shall have power to regulate its own procedure.

Application of the Shipping Development Fund: -

(1) The Fund shall be applied towards meeting the expenses of the Committee and for granting loans and financial assistance for acquisition and maintenance of ships.

(2) The Committee shall not grant any loan or give any financial assistance to any person referred to in sub-section (1) except on such terms and conditions as the Central Government may from time to time specify.

(3) The Committee shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as the Central Government may, in consultation with the Comptroller and Auditor-General of India, prescribe.

(4) The accounts of the Committee shall be audited by the Controller and Auditor-General of India or a person authorised by him in this behalf at such intervals as the Comptroller and Auditor-General of India may specify and any expenditure incurred in connection with such audit shall be payable by the Committee.

(5) The Controller and Auditor-General of India and any person authorised by him in connection with the audit of the accounts of the Committee shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any office of the Committee.

(6) The accounts of the Committee as certified by the Controller and Auditor-General of India or any person authorised by him in this behalf, together with the audit report thereon, shall be forwarded to the Central Government and that Government shall cause the same to be allied before each House of Parliament.

Penalties: -

•If any person contravenes any provisions of this Act shall be guilty of an offence and as a penalty fine Rs. 100 to extend 10,000,otherwish imprisonment from 3 month to 6 month or both.

•The amount of penalty varies with offence, different for different section of this laws.

Reference: -

1. THE MERCHANT SHIPPING ACT, 1958.

THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY Act, 1972

INTRODUCTION: -

THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY Act, 1972, was force by central govt. 20th April, 1972.

This act provide for the establishment of an authority for the development of the marine products and marine product industry under the control.

It extends to the whole of India.

Establishment and constitution of the Authority: - Central Government in the behalf, of this act, an authority is established which is called the Marine Products Export Development Authority. The Authority shall consist of the members, namely: - 1. A chairman: - to be appointed by the Central Government; 2. Director :- ex- officer ; 3. Three members of Parliament of whom two shall be elected by the House of the people and one by the Council of States; 4.Five members to represent respectively the Ministries of the Central Government dealing with:- i) Agriculture, ii) Finance, iii) Foreign trade, iv) Industry, and v) Shipping and transport.

Such number of other members not exceeding twenty, to be appointed by the government, among persons who are representing:

i) The Governments of the States or Union Territories having a sea-coast; ii) The interests of owners of fishing vessels, processing plants or storage premises for marine products and conveyances used for the transport of marine products. iii) The interest of dealers; iv) The interests of persons employed in the marine products industry; v) The interest of person employed in research institutions engaged in the researches connected with the said industry; and vi) Such other persons or class of persons who, in the opinion of the Central Government, ought to be represented on the Authority.

Any officer of the Central Government, not being a member of the authority.

The Authority shall elect from among its members a Vice-Chairman who shall exercise such of the powers and perform such of the functions of the Chairman as may be prescribed or as may be delegated to him by the Chairman.

Functions of the Authority: - (1) Promote, by such measures as it thinks fit, the development under the control of the Central Government of the marine products industry with special reference to exports. (2) Developing and regulating off-shore and deep-sea fishing and undertaking measures for the conservation and management of off-shore and deep-sea fisheries. (3) Registering fishing vessels, processing plants or storage premises for marine products and legal transport of marine products. (4) Fixing of standards and specifications for marine products for purposes of export.(5) Rendering of financial or other assistance to owners of fishing vessels engaged in off-shore and deep-sea fishing and owners of processing plants or storage premises for marine products and legal used for the transport of marine products, and acting as an agency for such relief and subsidy schemes as may be entrusted to the Authority.

(6) Carrying out inspection of marine products for the purpose of ensuring the quality of products. (7) Regulating the export of marine products,(8) Improving the marketing of marine products outside India,(9) Registering of exporters of marine products on payment of such fees as may be prescribed,(10) Collecting statistics from persons engaged in the catching of fish or other marine products, owners of processing plants or storage premises for marine products, exporters of such products etc.(11) Training in various aspects of the marine products industry.

Application of Fund:-

• For meeting the salaries, allowances and other remuneration of the officers and other employees of the Authority;• For meeting the other administrative expenses of the Authority;• For meeting the cost and• For repayment of any loans from the Central Government or from any institution.

Dissolution of the Authority: - Central Government notified in the official Gazette when the Authority is dissolved under the provisions of sub-section (1) – (a) all members notwithstanding that their term of office has not expired, shall, from the date of dissolution, vacate their offices as such members; (b) all powers and duties of the authority shall, during the period of dissolution, be exercised and performed by such person or persons as the Central Government may appoint in this behalf; (c) all funds and other property vested in the Authority shall during the period of dissolution, vest in the Central Government; and (d) As soon as the period of dissolution expires, the Authority shall be reconstituted in accordance with the provisions of this Act.

Executive officers of the Authority and other staff: -

The Chairman, the Director, the Secretary and other employees of the Authority comes under this section.

Reference: -1. THE MARINE PRODUCTS EXPORT DEVELOPMENT AUT

HORITY Act, 1972.No. 13 of 1972, Government of India Law and Justice. (http://www.indiankanoon.org/doc/137892)

THANK YOU