Fisheries Administration and Lagislation

Unit 7 - Laws relating inland fisheries

7.1. Introduction
Leasing the medium and large tanks preferential allotment to Karnataka Cooperative Fisheries Federation, Primary fisher’s cooperatives, Primary fisher women cooperative, The SC/ST Fishers Cooperative, Graduates of Fishery Sciences, Village Panchayats, and Registered youth clubs etc which have specified fishing as one of their main primary objectives in their bylaws. The leasing of tanks could be only for a maximum period of 3 years with an annual lease amount of Rs. 100/ha or the annual revenue realized during the last 5 years whichever is higher with an annual increment of 10 percent. The leasing to private contractors through tender-cum-auction system could be given wherever the cooperatives or any preferred organizations are not willing to take up leasing rights. In the case of leasing of fishery rights of reservoirs the cooperatives should pay at Rs. 100/ha for the entire water spread area and the cooperative in turn could allocate license to individual fishers. The fishing rights of rivers and creeks could be allocated to fishers’ cooperative @ Rs. 100/km of river-length. Stocking of fish seeds, watch and ward, minor repairs to sluice gate, harvesting and marketing and all other fishery related work should be carried out without affecting the flow of water for irrigation drinking and other essential purposes. It is clear that unlike in many other states Karnataka has given preference to cooperatives including Federation. The lease duration of 5 years in Karnataka is less than West Bengal where it is 12 years.
Indian fisheries Act, 1897 is not only applicable to marine fisheries but also applicable to inland sector. But later in 1986 separate Marine fisheries regulation Act came for marine sector whereas inland sector still dependent on 1897 central act (Indian fisheries Act). Recently Kerela came up with inland fisheries bill but it is yet to become a law.
Inland fisheries mainly consist of:

• Open access water bodies
• Culture based fisheries
• Aquaculture

Open access water bodies: comprises of open tanks, rivers and reservoir which is an open access resource but now these water bodies are also leased for a fixed duration as per the provision in Mysore games & fish preservation Act, 1901. According to this Act the water body of:

• Size less than 20 ha controlled by FFDA
• Size less than 100 ha controlled by Gram Panchayat
• Size of 100-300 ha controlled by Zilla Panchayat
• Size of more than 300 hectares controlled by state fisheries department

Note: when open access water bodies are converted in to culture based fisheries the migratory fishers groups are left apart.
culture based capture fisheries: once it was realized that natural fishes are not enough to meet the requirements ,the concept of culture based capture fisheries came in it picture. In this concept stocking is done in natural water bodies and later harvested. For this government need some input cost (sluice gates etc). So they start leasing water body.
Cost incurred in culture based fishery:

• leasing amount
• stocking of fish seeds
• Removal of weeds
• Bund repair
• Sluice gates- construction & repair
• harvesting
• Marketing

Note: these water bodies are leased on priority basis. First priority is given to fishery co-operative society followed by fishery graduate.
Aquaculture: Includes private ponds. Aquaculture was not included in agriculture under land reforms Act till 1995(amendment). Water quality is maintained as per water act and Environment protection act. If there any clash between water act and environment act then water act prevails. Still there is no separate act for aquaculture.

Leasing
Transfer of use rights by the owner (lesser) to the lessee for a specified duration on the payment of specified amount which is determined but auction/ negotiation/law
For stocking, deweeding etc, the less (co-operative society) takes loan from Merchant & in return sell the fishes lower rate
Bank can’t give loan to less as they don’t have rights over the water body

Land Reforms Act-1974
Under land reform Act 1974, ownership is transferred to actual cultivator of land and such land can only be used for agriculture purpose but in that act fish farming/shrimp farming is not considered as agriculture activity but by 1995 amendment fish/shrimp farming is also included in list of agriculture activity. Other important aspect of this act:

• Land ceiling
• A person having an income of Rs.60, 000 or above for 5 consecutive years cannot buy an agricultural land, but by 1995 amendment it is extended to Rs.2, 00,000.
• A maximum of 1 standard unit (1 hectare in case of fully irrigated land) can be owned by individual farmer.
• Under 1974 act leasing of crop land is not possible (except in case of widow/army people) but in 1995 amendment leasing of crop land is also permitted
• Shrimp farming and fish farming were not considered as agricultural activity & 60,000 & non farm income

Land Reforms (Amendment Act)-1995

• Shrimp farming & fish farming is considered as agricultural activity.

Land Acquisition Act, 1894
Compulsory acquisition of private property by state on grounds of public purpose. land acquisition act was passed for such acquisition with underneath condition.
The purpose should be public welfare.
The land owner is entitled for being heard.
Compensation.
In 1956 land acquisition was brought under concurrent list. The resettlement and rehabilitation package was not the part of land acquisition Act. Till 1976 one is entitled to have land for land in compensation but it is eliminated by amendment in article 31(right to property) in 1976. Now market price of land (highest price paid for such land in last 3 years) is given as compensation.
In 1956 when land acquisition is brought under concurrent list, Karnataka industrial area development (KIADB) Act is passed .some important provision of KIADB Act are:

• Section 28(4)- notification for acquiring land for industrial purpose
• Section 28(5)-individual notification
• Section 28(6)-any objections by land owners
• Section 28(7)-response by KIADB
• Section 28(8)-final notification