Fisheries Administration and Lagislation

Unit 5 - Marine fisheries legislations

5.4. Karnataka Marine Fishing Regulation Act, 1986
"Fishing vessel" means ship or boat, whether or not fitted with mechanical means of propulsion, which is exclusively engaged in sea-fishing for profit and includes a country craft and canoe engaged in sea fishing.
"Port" means the space within such limits as may from time to time be defined by the Government, by notification in the official Gazette for the purposes of this Act
"Registered fishing vessel" means, -
(i) A fishing vessel registered under section 11 of the Marine Products Export Development Authority Act, 1972 (Central Act 13 of 1972) or
(ii) A fishing vessel registered under any other Central or State Act; for the time being in force, or
(iii) A fishing vessel registered under section 8
(i) "Specified area" means such area in the sea along the entire coast line of the State, but not beyond territorial waters, as may be specified by the Government, by notification and different areas may be specified for different purposes or for different periods.
Penalties
(1) The arbitrator shall, after the enquiry under section 12 decide whether any person has used, or caused or allowed to be used, any fishing vessel 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 and any such person on being found guilty by the arbitrator, shall be liable to such penalty not exceeding, -
(a) Five thousand rupees, if the value of the fish involved is one thousand rupees or less ;
(b) Five times the value of the fish, if the value of the fish involved is more than one thousand rupees; or
(c) five thousand rupees, in any other case, being a case not involving any fish,
- As may be determined by the arbitrator.
(2) In addition to any penalty that may be imposed under sub-section (1), the arbitrator may direct that, -
(a) The registration certificate of the fishing vessel which has been used, or caused or allowed to be used, in the manner referred to in sub-section (1) or the licence, any condition of which has been contravened, shall be,-
(i) Cancelled or revoked, as the case may be ; or
(ii) Suspended for such period as the arbitrator deems fit ; or
(b) The fishing vessel or fish that may have been impounded or seized, as the case may be, under section 11 shall be forfeited to the Government:
Provided that no fishing vessel shall be forfeited under clause (b), if the arbitrator after hearing the owner of such vessel or any person claiming any right thereto, is satisfied that the owner or such person had exercised due care for the prevention of the commission of such offence.