The Kerala Marine Fishing

Regulation Rules, 1980

            In exercise of the powers conferred by sub-section (1) and (2) of section 24 of the Kerala Marine Fishing Regulation Ordinance, 1980 (12 of 1980), the Government of Kerala hereby make the following rules, namely: -

RULES

1.                  Short title and commencement: -

(1)   These rules may be called the Kerala Marine Fishing Regulation Rules, 1980.

(2)   They shall come into force at once. **

2.                  Definitions: - In these rules, unless the context otherwise requires: -

(a)    ‘Form’ means a form appended to these rules;

(b)   ‘Ordinance’ means the Kerala Marine Fishing Regulation Ordinance, 1980 (12 of 1980);

(c)    ‘Section’ means a section of the Ordinance.

3.                  Class of Fishing vessels, fishing by which may be regulated, restricted or prohibited: - Fishing by a ship or boat fitted with mechanical means of propulsion may be regulated, restricted or prohibited in any specified areas under clause (a) of sub-section (1) of section 4.

4.                  Kinds of Fishing gear, the use of which may be regulated, restricted or prohibited. Use of the following kinds of fishing gear may be regulated, restricted or prohibited in any specified area under clause (d) of sub-section (1) of section 4, namely: -

(a)    Purse – seine;

(b)   ring seine;

(c)    pelagic trawl;

(d)   mid water trawl; and

(e)    bottom trawl

5.                  Application for the grant of licence: -

(1)   Every application for the grant of a licence for using a fishing vessel for fishing in any specified area shall be made to the authorised officer in Form 1, obtainable from the Office of the Authorised Officer on payment of rupee one for each Form.

(2)   Every application under sub-rule (1) for the grant of a licence for using a fishing vessel of the class specified in column (1) of the Table below shall be accompanied by the fees specified in the corresponding entry security for the due performance of the conditions of the licence as specified in column (3) of the Table:

‘[Provided that the security in respect of mechanized fishing boat existing on the 29^th day of November, 1980 shall only be half of the amount of security specified in the Table]

TABLE

Class of the fishing vessel		Amount of fees	Amount of security to be furnished
(1)		(2)	(3)
		Rs.	Rs.
1.	Country fishing crafts fitted with mechanical means of propulsion	5	50
2.	Mechanised fishing boats upto 30’ in length	50	500
3.	Mechanised fishing boats of more than 30’ but less than 37’ in length	75	1000
4.	Mechanised fishing boats of 37’ and above but less than 56’ in length	100	1500
5.	Mechanised fishing vessels of 56’ and above in length	150	2000

6.                  Grant of licence: -

(1)   A licence granted under section 6 shall be in Form II and shall be subject to the conditions specified in the licence. ²[The licence shall either be granted or refused within a period of one month from the date of receipt of the application];

(2)    Where the application for the grant of licence is refused, the reasons for such refusal shall be recorded in writing and a copy of the same along with order or refusal shall be furnished to the applicant, where the order refusing the grant of licence has become final and one half of the amount of fees paid by the applicant, the security furnished shall be refunded to him.

7.                  Application for registration of vessels: -

(1)   Every application for the registration of a vessel under section 9 shall be in Form III obtainable from the office of the authorised officer on payment of rupee one for each Form.

(2)   Every application under sub-rule (1) for the registration of a vessel of the class specified in column (1) of the Table below shall be accompanied by the fees specified in the corresponding entry in column (2) of the said Table.

TABLE

8.                  Grant of registration certificate: -

(1)   On receipt of an application under rule 7, the authorised officer shall, after making such enquiry as he deems necessary, register the fishing vessel or by order refuse such registration.

‘[Such registration or refusal, as the case may be, shall be made within a period of one month from the date of receipt of application];

(2)   Where the application for registration is refused, the reasons for such refusal shall be recorded in writing and a copy of the same along with the order of refusal shall be furnished to the applicant.

(3)   Where the application for registration is not refused, a certificate of registration shall be granted in Form IV and shall be subject to the conditions specified in the certificate.

(4)   Every certificate of registration issued by the authorised officer shall be entered in a register to be kept by him in Form V.

(5)   The registration mark assigned to a vessel by the authorised officer shall be displayed by painting the mark in while colour on yellow background on the fore-bow of the vessel.

9.                  Furnishing of information about movement of fishing vessels: - The information to be furnished about the movement of a registered fishing vessel from the area of one port to the area of another port under section 10, shall be in writing and shall be sent by registered post or delivered in person before the vessel moves from the area of the former port.

10.              Appellate Authority: - An appeal under section 13 shall, if the authorised officer who passed the order is an Assistant Director of Fisheries, be preferred to the Deputy Director of Fisheries having jurisdiction over the area and in other cases to the Director of Fisheries.

11.              Impounding of fishing vessel: - A fishing vessel impounded by the authorised officer under section 14 shall be kept in the nearest Boat Yard under the control of the Fisheries Department and the vessel shall be under the control of the officer in charge of the Yard. ¹[The fuel pump of the vessel impounded shall be removed by the authorised officer with the help of a Mechanic and hand over the same the nearest Fishery Office, to avoid the forcible escape of such vessel from the custody.]

12.              Manner of holding enquiry by the adjudicating Officer: -

²[1] on receipt of a report from the authorised Officer under sub-section (1) of section 16, the adjudicating Officer shall issue notice thereof to the parties concerned directing them to file objections, if any, and to appear before him for being heard on a specified date which shall not be later than ten days from the date of impounding].

[2] The objections filed if any to the report of the authorised officer shall be considered by the adjudicating officer, before an order is passed by him.

By order of the Governor,

D. Babu Paul,

Special Secretary

Explanatory Note

            (This note is not part of the rules, but is intended to indicate their general purport).

            The Kerala Marine Fishing Regulation Ordinance 1980 promulgated by the Governor on 22-11-1980 provides in section 24 for the making of rules by the Government for various matters envisaged in the Ordinance and for carrying out the provisions of the Ordinance.

            These rules are intended for the above purpose.