REGISTERED No. D. (D.N.)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3-Sub-section (ii)
PUBLISHED BY AUTHORITY
383] NEW DELHI, THURSDAY, AUGUST 26, 1982/BHADRA 4, 1904 Separate Paging Is Riven to this part in order that it may be filed as a separate compilation
636 GI/82-1
(1)
THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] 3 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART ft-SEC. 3(ii)J 5 6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] 7 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART H—SEC. 3(ii)] 9(536GT/82—2
10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] 11 l2 T HE GAZETTE OF INDIA : EXTRAORDINARY I PART II—SEC. 3(h)]\i
U THE GAZETTE Oh I N D IA : EXTRAORDINARY [PART II—SEC. 3(il)J1981 (.42 of 1981) shall have the 'meanings icspec- tively assigned to them in that Act,
3. Licences.—(.1) Hvery owner of a foreign vessel or any other person desciibed in section 4, who intends to use such vessel for fishing within any maritime zone of India, shall make an application in Form A to the Central Government, This form shall include the following information :—
(a) the name and description of the vessel, its equipment
and complement;
(b) the flag stute and home pott of the vessel :
(c) the name and address of the owner and master of
the vessel and, where applicable, its character ;
(.d) the side number of the vessel, the radio frequencies and call sign;
(e) a description of the proposed pmpo!,e and the period
for which the licence is required ;
(f) the name and address of a pe:son resident in Tndia having a permanent office or establishment in India who is authorised by the owner of the vessel to represent him for the purpose of pioviding liaison with the Government of India ; a,nd
(g) any information required by the Central Government or by an officer desijenated by it to jjrant a licence in any case wheie, in its opinion the information furnished by the applicant requires claiification or amplification.
(2) Every application refened to in sub-iule (1) shall be made not less than thirty days prior to the first day on which the licence is required ;
(3) Every such application shall be accompanied by a fee of rupees five hundred which shall not be refundable.
(4) The Central Government or an officer designated by it may, on receipt of an applicHtion, after making such enquiry -as may be relevant, grant a licence in Form B for all or any of the following purposes, rvmely :—
MINISTRY OF AGRICULTURE
(i) to engage in commercial fishing ;
(Department of Agriculture and Cooperation)
NOTIFICATION
New Delhi, the 26th August, 1982
GS.R. 619
1, Short title and commencement.—(1) Tbefcc tules may be called tho Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Rules, 1982.
(2) They shall come into force on the' date of thcii pub- lication in the Official Gazette.
2. Definition?.—In these rule, unless the context other- wise requites :—
(a) 'kAct" means the Maritime Zones of India (Regula- tion of Fishing by Foreign Vessels Act, 1981 (42 6f 1981);
(b) "crew" includes the team of technical, semi techni- cal and non-technical member associated with the operation of the fishing vessels ;
(c) "flag slate" in relation 10 u foreign vessel means the State in which the vessel is registered or, "Where the vessel is not registered, the State whose flag the vessel is entitled to fly ;
fd) "Form" means a Form annexed to these rules ;
(e) ''licence" means a licence granted under section 4 ;
(f) "permit" means a permit grunted under section 5
or under section 8, iis the case may be ;
(£l L'Sd)cdiile" means Schedule u> ihese Miles ; (h) words und e:\picssjons used but noi defined in these i tiles bul defined in the Maritime Zones of India. (Regulation of Fishing by Foreign Vessels) Act, (ii) to tranship or to take on board any fish, outfit or supplies while at seu ;
(iii) to process fish at sea;
(iv) to transport fish from fishing giounds;
(v) to land fish or fish products at Hn Indian port;
(vi) to purchase or obtain bait, outfits, provisions or sup- plies (including fuel) at an Indian port ;
ivii) to effect repairs at an Indian Port ;
4. Validity of Licence : (1) bvciy licence shall,—
(a) be issued in original duplicates; and authenticated copies shall be distiibutsd to enforcement and other concerned authorities ;
(b) apply only to the foreign vessel described in the licence and, where applicable, to the crew of that vessel; and
(c) be \alid for the peiiod specified in the licence.
(2) The disposition of the duplicates refeired to in clause fa) of sub-rule (1) shall be as follows :—
(a) one licence shall be tor the use of the licensee ; and
(b) one licence shall be ictained by the Central Govern-
ment.
5. Terms and conditions of licence.—(1) Evciy licence, shall he subject to the following terms and conditions, namely :—
W) the licensee shall pjy to the Central Government an amount Net out in the Schedule 1 for the pur- poses mentioned theicin at the time of laUnit deli- \ e>ry of the licence ;
(b) the master of the foreign vessel for which a licence is granted or a person acting on behalf of the mas-
15ter shall give twenty four h m rs piini notice I" ihr authorised officer of—-
(i) the estimated time of entrv of the vessel inlo [lie
maritime ^one of India ;
(ii) of (he location of su<.h cuuv , and
(iii) of the appioximMtc sc!iuUvi!e of activities to be
conducted,
(c) the vessel and Ls crew shall engage only in Hie acti-
vities that are authuiised b\ the licence:
(d) the activities authorised by the licence shall be earned out only at the tune .tnd in the ureas, of the maritime zone of India or ports set out in the li- cence ;
(e) the licen.sce shall ensure that foieign members of the ciew are employed only after obtaining necessary clearance from the Central Governmenr. The Li- censee shall further ensure 1hal cvrry subsequent change in the foreisn membeis of 1he crew ih made only after the clearance from the Central Cjovein- ment;
(f) the master of each foreign fishing vessel during fish- injj operations shall notify the authorised officer the following,'—
(i) time and position of commencement of fishing ;
(ii) the time and position of the temporaly departure fiom the fishing grounds for the puiposc of em- barking or disembarking an obsci.er or for a call at an Indian port or any other temporaly departuic from the grounds which will involve departure from any authorised fishing "re but which docs not include departure from seaward limit of th; fishing area beyond the Fvclusive Fcopomic Zone of India ;
(iii) the time and position of return to the fishing grounds following temporary departure described in sub-clause (ii) above ;
(iv) the time and position of anv shifj in its fishing mea ;
fv) the time and position at which it will cease fish-
ing and the leave the fishing area ;
(fi) the master of the vessel shall communicate the in- formation, to be notified under clause (f), to the offi- cer of the Coast Guard in Porbander, Bombay Co- chin Tuticorin, Madias, Vishakhapatnam, Paradeep, Haldia or Port Blair, at least twenty four hours be- fore the commencement or cessation of fishing. He shall record in communication log, (he Jndun Sf.in- dard Time and the contents of each communicfliion made under this clause, All the communication shall be in Fnglish ;
(h) where the fishing is authorised by the Tcence,-—
fi) the crew of the vessel shall fish only for the slocks oi groups of stocks described in the licence ;
Cii) (he crevy of the vessel shall not catch any fish b\ a snecies. size or age set out in the licence ns prohibited catches, tint are covered under the Wild Life fProtec'ion} Act. 1972 (<3 of IQ72I and where such fish are cauahf they shall be re- tained and preserved on board (he vessel, recount- ed for in Form C anil shall be surrencVrc 1 at such places as may be directed by 'he authorised officer;
dii) the quantities of fish of anv stock or group of Oncts cauaht in any area of the maritime rone of India durinfi the terms of licence, or during Any specified portion thereof, shall not exceed the ouantities set out in the licence ;
(iv) (he crew of the vessel shall not discard anv subs- tantial quantities of fish of a stock r>r gtoup of slocks caueht in excels of the Quantities set in the licence- Such quantities of stock or group of stocks shall be retained ami preserved on board (he vessel accounted" for in Form D nnd shall hf surrrndfred at inch place as m"\ be directed by the authorised officer;
fv) the crew of the \esscl shall fish only by means of fishing equipment and gear of a kind set out in the licence ; and
(vi) the master of the vessel shall cause written teconls to be maintained on a daily basis o fihe fishing effort and catch of the vessel and of any tranship- ment and other dispositions of the catch by quan- tities, species size and weight in Form E.
fi) where ihe transposing of fish from fishing grounds
is authorised by the licence—
(i) Only the species and quantities of fish set out in the licence shall be taken on boaid the vessel for that purpose ;
(ill the fish may be taken on board only from vessel
of a class set out in the licence; and
(j) where the processing of lish is authorised by the licence, the master "f the vessel shall cause written iccoids to be maintained on a daily basis of Ihc picx-essine operations carried out and of (be species, quantity -and the State of processing of the fish taken on board the vessel for that purpose in Form G ;
(k) the -vessel shall have on board nt all time during the pe'iod it is in maritime zone of India, equip- ment and fishing gear, including communications equipment, described in the licence a<, "required equipment" ;
(U ihc master of the vessel cr o person acting on behalf of the masttr shall, when authorised by the licence to visit an Indian Port, notify the authority speci- fied in the licence of the estimated time of entry of the vessel into that port not Jess than twenty four hours prior to that estimated time :
(m) where the vessel is in an area of the maritime zone of India and is not authorised by its licence to engage in fishing at that time in that area, nil fishing gear on board the vessel shall be stowed in the manner specified in nils 14 ;
(nl the master of the vessel shall cause reports; to be made of the position of the vessel in space and lime, opeiational conditions, and the nature of fishing including, where applicable, its catch statis- tics, and any transhipments or other dispositions of its catch, at such times, to such persons and by such means as are set out in the licence.
(ol where the Central Government requires the vessel to cany out, fiom time to time, a progranmie of sampling, observation or research in connection with fisheries in the maritime zone of Tndia, the master shall comply with instructions issued to him bv the Government in respect of that programme:
(p) the ma.ster of the vessel shall, where required by the Central Government or an officer authorised in this behalf, peimit a technical observer or obser- vers designated in writing by that Government to go on board and remxin on board, at a time and for a period specified in that behalf, for the purpose of recording scientific data and observations or taking samples and records or any other purpose specified in the order ;
fq) the master of the vessel shall take all rea.sonaBle precautions to ensure the safety of any authorised officer or technical observer boarding or leaving the vessel at sea including the observance of prac- tice of good seamanship nnd, where necessary, the placing of a boarding ladder of cood aus'iiy and design ami ••afety line over the aide of the vessel ;
(i) wheti- on authorised officer or technical observer h on nonrd the vessel fop p period of rnorc than four
16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3WJhours, the miuitei ol I he \cs-sel shall provide the authoiised olficer or technical c.bseivet with Mutable food and acconwnodaiion,
(s) the master of the vessel shall, —
li) at the request of an authorised officer or technical obseivei, ariange for that officer or observer to bend or receive mess^cs by means of communi- cation fjcilics on board Ihe vessel ;
(nj provide all reasonable assistance m his power to enable an authorised officer 01 technical observer to cairy out his duties and functions, and to the use of vessel's navigation equipment and person- nel As necessary to determine the vessel's position;
tt) the master of the vessel shall, at any lime, wh\lc within the maritime zone of Jndia, at the request of an authorised officer, proceed forthwith for ins- pection to a place at sea and to a port as may be specified by that officer ;
(u) the master ot the vessel, upon being approached by an authorised officer in a vessel or ship 01 in an aircraft, shall immediately comply with any direc- tions given to him by such authorised officer. For this purpose, the Inteindtionil Code of Signals shall be used;
(\) The vessel shall, at all time while within the mari-
time zone of Tndia,—
(i) fly the flag of the flag state ;
(ii) display in a place that is cleaily visible both from the aii and from sea level the letters and number"; identifying the vessel as set out in its licence, in white markings of at least one metre in height in the case of a vessel whose oveiall length exceeds twenty metres or one-half metre in height in any other case, on a black background, and where the markings arc painted, the paint work shall be maintained in good condition so that the markings are clearly legible at all times ;
(w) where the vessel is in the maiitime zone of India, the master of the vessel 01 a person actinfi on behalf of the master shall notify the i entral Government of the estimated time of departure from those waters not less than seT enty two hours prior to that estimated time ;
fx) the licensee shall, when leqiiircd to do w>, make arrangements for training of Indian crew and pci- sonnci on board the vessels ;
(2) the licensee shall be bound all or any of the terms and conditions mentioned in sub rule CD and such addtional conditions or restiictions as may be specified in the licence
6 Permits : (1) Every Tndian citizen and pcison de - cribed in section 5 who intends to use any foieiRn vessel for fishing within any maritime n,nc of Tndu shall male an application to the Central Government for a permit
(21 Eveiv application referred to in sub-uilc (1) shall be in Form H and shall made not less than thirty days piioi to the first day on which the permit is required
(3) Every such application shall be accompained bv "
fee of rupees five hundred which shall not be lefundnble
(4) The Central Government or an officer designated bv it may on receipt of an application after making such en- quirv as may be relevant, fjrant a nermit in Form 1 for all or any of the purposes mentioned in sub-mlc (4) of iule 3 of these rules.
7. Validity of permit—CD Fvciy peimit sh.ili,
fa) he issued in oiifiinal dunliciites and nuiheniicate'i conies are to be distiibuted to enfoiccmenl tind other connected authorities
fb) be valid for a period ns mnv he sp<"fifled in (hc ner- ,.,,mit ar;(l in no disc wred" more Mian fr " \ei\'s 12; The disposition of the duplicates refercd-to irr clause
(.HI of Mib-uilc UJ shall be as (ollows :
U) one pcunit shall be lor ihc use of the permit holder;
and
t,bj one peimit shal be ictaned by the Ccntial Govern-
ment,
fci. Teims and condit/ons of neimil ; (.1) Eveiy permit shall
he subject to the following terms anil conditions, namely .—
la,) the permit holder thcreinaitei rcfenod to as the charterer in this rule) shall pay to the Central Government an amount of Rupees ten thousand per vessel pei year at the time ot lakins delivery of tho permit;
(h) the chartei ei" shall have the lequisite managerial per- sonnel who possess the necessary experience of fishins;
Cc) the charterer shall give an undertaking in the foim of bank guaiantce, before the commencement of the chartei, of an .imount to be decided by the Cenlial Government in each case to the Central Government that he shall puichase requued num- ber of vessels and put them in fishing opeiation in the Exclusive Economic Zone of India before the end of the stipulated period specified in the Schedule II.
(d) the charterei shall ensure that at least twenty per cent of (he crew aie Indian citizens and are posted as under studies to the foreign skipper, the engineer rind to the other operational irew and that they shall be kept in readiness to cmbaik on the chartered vessel at the lime of inspection of the vessel by the authorised officer ad shall lemairi on board the vessel throughout the chatter period.
(el the charterer shall ensure that the charter party pro- vides foi the settlement of disputes between the parties by arbitration in Indl.i.
(0 the Central Government ma^ post scientist /observer on board each of 'he chartei ed vessel; the charteier shall ensure that the Tndian scientists and observe)s, when so directed by the Cenfral Govern- ment are permitted on board the chartered vessel for collection and examination of such data jnd mateiial as may be leqnjied by that Government and shall see that such scientists and observers arc provided proper food and accommodation on board the vessel by the master of the vessel ;
(if) the charteier shall furnish to the Central Government valuation and sea worthiness certificates for the chartered vessel from an appropiiate authority or" its flag state and S'"O furnish a copy theieof to the Director General of Shipping, Pombay;
(h) the charterer shall cause to be furnish to the Central Government the necessary certificates to the effect that the chartered vessel meets with the requirement! in icspecl of safety of vessels and ciew as per the provisions of the Merchant Shipping Act. 1958 (44 of 1958);
(i) The chili tcrci shall ensure that,—
(i) no fishing is done for the projected species which are covered under the Wi'd Life CPielection) Act 1972 (53 of 1972);
(ii) such piotectcd species, if taught aic immediately returned to water alive, if possible, and if not they shall be retained and preserved on bo,ud the vessel and accounted for in Form C and shall be surrendered at such pliice as mny be directed bv the nuthoiised officer;
(j) the charterer shall not undo taken shrimping opem-
tions foi exploitation of eo.istu! shiimps;
00 wheie Ihe charterer is a compjnv Ihe pnid up shire
capital of the comnnnv shall not be less 1h in rupees five lukhs riming the _n Mtci pciioj'
C l ^i t he v h n r t c r ei < ,h i ll n oi T V IV am - n a r k e f i n i' c o m-
m i s s i on w i t h o ut th • p r i or u p p rm , H' of t he C e n t r al
Government;
17(m) the charterer shall ensure that the chartered vessel lepoTti to the authonsed officer before and after every fishing \oyage and delivers the copy of the pennit in its possession to Ihe charteier before eveiy departure to ihe foreign port;
(n) the charterer shtill ensure that the foreign members of the crew on tlie chartered vessel nre employed only after obtaining necessary clearance from the Cential Government,
(0) the chin tcrei shall furthei ensure lh.it every subse- quent change in the foreign members ol the crew is made only aflcr the clcaiance from the Central Government;
(p) the charterer shall furnish to the Central Govern- ment voyage-wise statement of lish cntch and ex- ports from Ihe chartered vessels wilh all the neces- sary details ns set out in Form 3;
(2) The chdrleter shall be bound by,—
(1) all or any of the terms and conditions mentioned
in sub-rule (1);
(ii) all or any of the icims and conditions applicable to the licence except condition prescribed in clause (a) of sub-iole (1 ) of nile 3, and
(ni) such additional conditions or restrictions as may be
specified in the permit,
9. Display of licence or permit on board the vessel—(I) Subject to sub-rule (2), a copy of the licence or permit, duly attested by the issuing authority, shall be kept on board the foreign ves el described in the licence or permit while that vessel is in the maritime zone of India and ?hall be produced for examination by an authorised officer at his request.
(2) Every foreign vessel described in the licence or per- mit may enter in the maritime zone of India nnd proceed directly to an Indian port for the purpose ot obtaining a copy of the licence or permit if,—
(a) all fishing gear on board the vessel is stowed in the
manner specified .in rule 14;
(b) the master of the vessel complies with any direc-
tions Riven lo him by an authorised officer.
10. Damage to Indian Vessels prohibited.—No foreign vessel fishing iti the maritime zone o[ India under the licence or a permit granted under these rules shall cause any damage either wilfully or through gross negligence to any fishing vessel, fishing stake-., fishing gear, lishinc net or other fishing appliances owned or in possession of an Indian citizen;
11. Commencement of fishing operations.—No foreign vessel fishing in the maritime zone of India under ihe licence or the permit granted under these rules shall com- mence fishing operations without the clearance from the Coast Guard-!.
12 Fishing in territorial waters prohibited.—No foreign vessel shall undertake fishing operations within the reiritoiial waters of India, unless otherwise specifically permitted for any specialised type of fishing and shall be subject to any other restrictions that may be specified in the licence or permit.
J3. Prohibition to carry any explosive*, poisonous or noxious "substances -—(1) No foreign vessel or any person shall carry or have in its possession or control any explo- sives, poisonous or other noxious si/twtnnces or apparatus fitted for or capable of utilising an electric current, with the intention of using such explosives poisonous or other noxi- ous substances or apparatus for killing, stunning, disabling or catching fish. Any explosives, poisonous or other noxi- ous substance found on board any vessel or in possession of any person, shall be presumed, unless the contrniy is proved, to be intended fot the u'e specified above.
(2) No foreign vessel or anv peison shall attempt (o destroy oi abandon .iny fishing gear, fishing net or other fishing appliances, explosives, poisonous or other noxious substances or any other object or thing with the intention to a\oid Iheii detection oi seizure.
14 Hiiry into maiitime zone of India without licence/ peimit—(1) Subject to siib-mle (2), a foreign \esscl may, without the authority of a licence cr a permit enter the maritime zone of India for the purpose of passing through such waters in the course of a voyage lo ,i destination out- side the maritime ne of Tndia.
(2) A foreign ves'el that has entered in (hi maritime zone of India without the authority of a licence or a permit shall comply with the following conditions while in the maritime zone of India,—
(a) all fishing gear on board the vessel shall be stowed below deck oi otherwise removed fiom the place where it is normally i^ed foi fishing and placed where it is not readily available for fishing;
(b) all fishing nets, fishing lines, hooks, jigs, trawl boards, weights and floats shall be disconnected from their towing, connecting or hauling wiies, ropes or rigid frames;
(c) the master of tho vessel shall comply with any directions given to him by nil authorised officer, and
(d) where an authorised officer requests information respecting the name, flag state, location, route or destination of the vessel, or the circumstances under which it entcted maritime zon:: of India, tho master of the vessel shall promptly convey the information to the officer.
15 Fishing for scientific lesearch, investigation, etc—- Where a foreign vessel is to be tr=ed foi fishing within any! maritime zone of India for the purpose of carrying out any scientific research or investigation or for any experimental fishing, the Central Government may grant n permit to such foreign vessel under section S of the Act, Where such a, permission i\ granted, the Central Government may apply all or anv of the terms and conditions prescribed for the licence under rule 5 or for permit under rule 8, as well as sivh additional conditions as may be specified.
16. Contravention of conditions of licence, permits of itiles.—Contravention of any of the provisions of these rules shall be punish.ible with fine, which mav cttend to Rs 50,000 without prejudice to the penalties which nvw be awarded under the Act
INo. 20012/2/81-Fy. (T.I.)]
S P. IAKHANWAI, Jt, Secy.
SCHEDULE I
[See rule 5(1) (a)]
Amount payable under rule S (I) fa)
Purpose of licence
Amount Payable
1 Fishing by squid jigging, Rs. 1,0007-pcr tonne of fish the vessel is permitted by the terms and conditions of the licence.
2. Fishing b> trawling, Rs. 2,000/-per tonne of fish the vessels is permitted by (he terms and conditions of thc licence.
1 Fishing hy long lining/
gill-ttetting
Rs. 1.500/-per tonne of fish the vessel is permitted by the terms and conditions of the licence-
18 THE GAZETTE OF INDIA ; EXTRAORDINARY [PART Il^-Snc. 3(ii)6. Description of the vessel, equipment and comple- Amount p-iy. blc
Purpose of licence
ments :—
(a) Name of the Vessel.
4, Fishing for tuna by long, lirtfng/purse-ser ing/p?lc
ib) Flng state and home port of Vessel.
and line fishing.
(c) Country and port of registration
Rs. l,0O0/-per tow*; of ftsh the vessel is permitted by the terms and c^n'Jitijns of the licence.
(d) Registration number.
5. Transporting of fish.
(") Radio call sign/signal letter/radio frequencies.
(f) Name of owner and master of the vessel.
Rs. 500/-per tonne of fish carrying cipacity of the vessel for each voyage.
(g) Nationality and address of owner and mauler, 6. For a^y other purpose
(h) Purpose of vessel (kind of vessel).
mentioned in rule 3(4).
Rs. 200/-per gross registered tonne of the craft for each voyage.
(i) Kind of vessel's hull.
(j) Vessel's year (date of construction) and date of
launching.
SCHEDULE fl
(k) Number of deck.
[See rule 8(1) (c)]
(1) Number of mast,
(m) Registered length,
Schedule of purchase of vessels
(n) Registered breadth,
(o) Registered depth (draft1).
(p) Gross tonnage and net tonnugc.
(q) Fish Hold capacity and Refrigeration- Capacity.
No. of No. of months from the beginning of the charter vessels/ operation whcn obligatory purchase and fishing c r pair of operation becc mes due. ofVessles — — —
(r) Kind of main engine, name and place of main
engine manufactured,
(s) Rated H.P. of main engine.
First vessel of first
u) Kind of propeller.
pair of vessel
Second Vessel or secjnd pair of vessel
Third Vessel or third pair of vessel
Fourth Vessel or fourth pair of vessel
Fifth Vessel or fifth pair of vessel
(v) Certified crew capacity,
(w) Service limitations of the vessel.
1 2
18 18-
(x) Name and addresi of Ihe ship builder.
(y) Value of the vessel.
30 24 24 24
33 33 33
42 42
51
3 4 5
18 18 ia
(2) Any other remarks.
7. T he electrical specifications of the craft and its
equipment.
FORM A
8. Description of the proposed fishing operation ;—
[See rule 3(1)]
(a) the species to be fished ;
Form of Application of Licence
(b) the method of fishing and type and dimensions of gear to be used and mesh sizes of different parts of fishing net,
To
(c) area/areas to be fished ;
(d) the amount of fish to be caught;
(e) the period of time for which licence is sought;
(f) the place in which the fish is to be landed and/or The Secretary to the Government of India, Department of Agriculture and Cooperation. Ministry of Agriculture, Krishi Bhavan, New Delhi-110001 India
processed.
Sir,
(a) a description of support operations and the name and licence number (if any) of fishing vessels in support of which related activities are to be carried out.
1 hereby apply for a licence under section 4 of the Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, in respect of which the following particulars arc furnished :
1. Name of the applicant and postal address.
2. Status of the applicant and his financial position (If the applicant is a company, full details thereof).
9. Name and address of the person resident in India aopointed by the owner to represent him in all dealings with the Government and evidence of the extent to which he is authorised to undertake legal and financial obligations on behalf of the owner.
3. Present activities of the applicant including the
specifi: activities relating to fishing.
10 Plans for the use of Indian facilities in the sup- port, provisioning and maintenance of vessels, 4. Details of fishing vessels/fish processing units/ export/import of fish as in the past three years.
11. Such other information as may be required by the
Government of India.
Dated Day of of the year 5. Details of the proposed fishing project indicating particulars on fishing vessels, number of vessels to be operated, anticipated fish catch, proiect ccono- m r s. processing and marketing arrangements area and base of operation, etc.
Signature of the applicant
19PORM B
LSce rule 3 (4) ]
Government of India
Country of registration/Flag State
Registration Number
Overall length
Gross tonnage
International radio call sign and radio frequency
Name and address of the mastei
3. The pujposes for which the vesi el may be used :
MINISTRY OF AGRICULTURE
4. Area :
5 Period ;
Department of Agriculture and Cooperation
New Delhi
No.,,.
Dated
Licence to Fish in the Exclusive Economic Zone cf India
This Licence is gi anted in pursuant to section 4 of the Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 (42 of 1981).
2. The foreign Fishing vessel described herennder is heie- by licensed for the purposes specified in paragraph 3 of this licence and in accordance with the conditions set out in paragraphs fi and 8 of this licence and shall be subject to all the Indian laws that apply to the vessels in the Mari- time Zones of India.
Description of the vassel
Name of Lhc vessel ,
Name of the owner
Type of vessel
6. The licensee shall be bound by the terms and renditions specified in rule 5 and lhc additional condition/restriction specified in paragraph 8.
7. Exemptions in lhc terms and condition, i£ anv,
5. Additional conditions.
9. Names of the foreign crew :
10. List of Required Equipments
to the 11. Subject to the provisions of the Maritime Zones oi India (Regulation of Fishing by Foreign Vessels) Rules, 1982. this licence is valid from the day of 198 day of 198
12. Thin icence is not transferable.
Secretary to the Govt. of India
FORM C
[See rule 5(1 )(h) (ii)]
Data on catch of prohibited fish specie.
1. Name and address of fishing company :
2, Particulars of fishing vessels :
Name Size Horse Power of Main Engine : Base of operation :
3. Licence Number and period of validity,
4. Description of fishing operations authorised in the licence.
5, Details of fishing gear used :— (a) Length of headline.
(b) Greatest depth.
(c) Mesh size.
6, Description of the catch
SI. Location of the vessel Date and
Fishing Zone
Gear in operation
Latitude Longitude
5
12 3 4
6
I. 2. 3,
7. Place of surrendering the catch.
8. Conditions of thecatch at the time ofsurrendeung.
9, Comments of the Master/Skipper.
Numtcr Depth (Metre;
Species (prohibited)
Average Length (CM)
Average Weight (Kg)
!
7
8
10
11 1
Signature of owner/owners repressn tativos
?n THE GAZETTE OF INDIA : EXTRAORDINARY [PART IL— SEC. 3(ii)]FORM D
lScevu1e5(J)(h)(iv)]
Oata on quantity of fish caught In excess of permitted quantum
1. Name and address of the fishing company :
2. Particulais of fishing vessels,
Name :
Size : Horse Power of Main Engine. Base of opeiation.
3. Licence Numbci and period of validity.
4. Description of fishing operations authored in the licence
5 Species-wise quantity of fit.li permuted in the licence (quota),
6. Details of catch particulars,
No.
Fishing Zone
Weight (KB.)
Species caught
Date & Time
Location uf fishing vessel
Raw weight (Kg.)
Toti 1 catch (Kg.)
Length, Depth and mesh size of fishing gear
Processed pioducis pieparcd on board the vessel if any.
8
7
5
9
6
4
3
2
1
7. Details of excess catch
Reasons1 for
Depth (Metres)
Condition offish
Wishing Zone
Date & Time
Sl.No. Location of fishing vessel
Average Weight (Kg.)
Average length (cm)
Species caught in in excess
excess catch
7
6
8
9
5
4
10 3
1 2
of excess catch surrcndeied
8, Particular
Weight (Kg.) Place of
Species
surrendering
Authority to
w hom surrendered
9. Remarks of Master/Skipper,
Signature of ownei/owners representatives
FORM E
[SeeRule5(l)(h)fvi)]
Daily Cumulative catch Lou
1, Name a mi address of the fishing companv :
2. Particulars of fishing vessels :
NEUTIO ;
Size : Horse Powci of Main Engine. Base of operation.
213. Licence Number and period of validity.
4. Description of fishing operations authorised.
5. Species-wise catch of fiih and quantity permitted in the licence.
6. Fishing Area.
7. Dale of entry to Indian Exclusive Economic Zone.
S.No. Vessel number
Position Date & Time
Typo ofgeai
Time of
Shooting gear
Hours of fishing
Time of hauling geai
Depth (Metre)
2
X
7
6
3
1
5
4
9
Disposition
Quantity
Cumulative
Species caught
total
Mesh Size
Cumulative disposition
Details of transhipment
11
10
13
12
14
15
16
8. Details of Disposition of catch
Quantity (Kg )
Item (a) Consumption : (t>) Fish gutted : (c) Head on for off) : (d) Fillettcd. (e) Frozen (f) Canned. (g) Fish meal (h) Oil
Signature of owner/owner's representative
FORM F
[See rule 5 (1) (i) 6ii)1
Paatlculars of transhipment
1. Name and addicss of fishing awipanv.
2. Particulars of fishing vessels
Name :
Size : Horse Power of main engine. Base of operation.
1. Licence Number and period of validity.
d Effort Data :
4. Catch an
Area
Species Number of
Catch
Product from vessel
days fished
(in kg)
—• —^—,—.^.^^ ^ 5. Licence Nuinbei .uid side numbei of vessel receiving tianshipment,
6. Position at the time of (lanshipment ;
Latitude LonS'tudc
22 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I I ^ & C. 3(ii)]7. Dale of message from vessel ;
8. Species and quantities transferred :
Species Gross wieght (kg.) Value
Signature of own licencee/his representatives
FORM G
[See rule 5(l)fj)]
Particulars of processing operations on board the vessel under licence
1. Name and address of fishing company.
2. Particulars of fishing vessels.
Name
Size
Horse Power of main engine.
Base of operation.
3. Licence Number and period of validity.
4. Description of fishing operations authorised in licence,
5. Name of the port to be used as base.
6. Processing Machinery and Equipment :
of
Percentage utilisation Type Number of Units Specifications and daily capacity
uapac;ty
8. Storage and holding
Nature of storage Number of species Dimensions/volume of fish hold
9. Processing details.
Species Area of
Operation
Date of operation
Duration of operation
Catch particulars
Products prepared on vessel & quality
From To
(Kg.)
(Enter in this column, types of products processed on board the vessel by species, viz : fish gutted, head on (or off) fillettcd, raited, frozen, caned, meal & oil etc.
10. Position and time of reporting ;
Latitude Longitude Time Date
Signature of owner/owner's representative.
23FORM H
[Sec rule 6 (21 J
hoirn of Application for 'Permit
Outline Details Required foi Proposed Operations
1 Name of the applicant and postal addicss
2 Whether the applicant is a registered company under the Companies Act, if so, tin rush the following particulars —
(a) Date and number of Registration and Place
(b) Authorised, Subscribed and pail up -ihare capital
(c) Attach latest Balance-sheet
(d) If the company tomes under the provision of Mono- polies and Restrictive Trade Practices Act,. J969 (54 of 1969), please staute whether necessary clearance is available
3 The foreign collaborator's name, address, Telephone number. Telex number and name of Bankers and their activities in India and in othei countries
4 Present activities of the applicant if any
(a) Specified activities undertaken
(b) Details of fishing vessels/fish piocc-sing units and
fish export made during the past three years
(c) Name of all Direclors/Chief Executive/Operations Manager/other employees of the Tndlan Company, their experience in marine fisheries indicating cpeci fled fields
5 Details of the Project proposed to be taken up (enclose project repott covering particulars on fishing vessels, anti- cipated fish production processing and marketing organi- sation, management, including financial sources, economics of operation area and base of operation, Identity of fishery resources to be exploited catching methods, gear to be employed, etc )
(a) Type of vessels type of gear and number of vessels proposed to be chartered (Enclose detailed spaci- fications and general arrangement drawings and also a full list of machinery and equipment navi- gational lights, life saving appliances, fire fighting equipment, inventory items etc )
fb) Description of Ihc vessel equipment and crew complement (Enclose certificate given by competent authorities regarding valuation and sea worthiness of the vessels) —
d) Name of the vessel (n) Flag slate and home port of vessel (in) Country and port of reRistration (iv) Registration number
(ix) Kind of Vessel's hull (x) Vessel year (date of construction and date of
launching) (\i) Number of deck (xu) Numbei of mast (xm) Registered length (xiv) Registered brefldth (xv) Registered depth (draft)
(xvi) Gioss tonnage and net tonnage
(xvn) Fish Hold capacity and refrigeration capacity (win) Kind of mam engine, name and place of mam en-
gine manufactured
(xix) Rated Horse Power of main engine (xx) Kind of propeller (xxi) Class of equipments (list) (xxu) Certified crew capacity (xxin) Service limitations of the veisel
(xxiv) Name and address, of the ship builder (\xv) VHIUC of vessel (.xxvi) Any othei remarks
(c) Number, cuas
crew
(d) Numbei and names ot toreign personnel to be
employed ashore
(e) Enclose authenticated copy of the olFer received
trom ioieign collaborator
6 Durat on of chaiter
7 Annual rate of charterage oi chartcrage for entire
duration
8 Whethei the chaiteier retain-, option to purchase vessels
after the iharter period and terms theieof
9 Whether the foieign collaboiatoi is wdling to assist
in cxpoit of catches, if so, the terms and conditions
10 Anangements for training of fndian-L'ounterpaits
11 Statement ot foieign exchange inflow anticipated (ex- cluding payments in foreign exchange out of total earnings, by way of exports) toi the duration of charter
12 Total income, total expenditure anj net pioht anti-
cipated foi the duiation of charter
H Form of chartei party proposed to be entered into
14 Financial arrangements (Describe in detail)
15 Proposals of shore establishment (if any)
(i) Intended location and description of any shore based
plant
(u) Proposal for legistration and dale of completion of any shore based plant as a Registeied Export Es- tablishment
I in) Airangements for processing catch (iv) Estimated annual output of the plant (v) Percentage of total catch to be processed and /or ex-
ported
(vi) Exploit maiket and maiketing airangements for total
catch
DECLARATION
I/we
by this declaration Uibsciibed by me/us pursuant to and in compliance with •section 5 of the Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act 1981, (42 of 1981), fully understand all the piovisions of the said Act and Rules and oiders issued thereundei and agree to abide by them futther declaie that I/we the particulars furnished in Lhe above application aie true to the best of my/our knowledge
Signature of the applicant (s)
FORM I
[See rule 6 (4) }
Government of India
Ministry of Agriculture
Department of Agriculture & Coopciation
New Delhi
No
Deted
Permit to Fish in the Exclusive Economic Zone of India This permit is granted in pursuant to section f of the Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act 19"t (42 of 1981)
24 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—S^c. 3(ii)] 2 Horse Power of main engine. Base of Operation.is hereby permitted to use the foreign fishing vessels under charter described here'inder for the pur- poses specified in paragraph 5 of this permit and in acior- dance with the conditions set out in paragraphs 8 and 10 of thfa permit and shall be subject to all the Indian laws that apply to the vessels in the Maritime Zone of India,
3. Description of the vessel
(i) Name of the vessel;
(ii) Type of vessel : (iii) Country of registration : (.iv) Registration number: (\) Overall length : (vi) Gross tonnage : (vii) International radio call sign and radio frequency : (viii) Name and address of the master :
(ix) Name and address of the foreign collaborators.
4. Details of charters fee, made of payment and any other
stipulation,
5. The purpose^ for which the vessel may be used.
6. Base and area of operation.
7. Period of opeiation of the vessel.
8. The permit holder shall bound by the terms and conditions specified in rule 8 and the additional conditions/ restrictions specified in paragraph 10,
9. Exemptions in the terms and condition if any
10. Additional conditions.
11. Names of foreign crew
12. Subject to the provisions of the Maritime Zones of India (Regulation by Foreign Vesselc) Rules, 1982, this permit is valid from the day of 198
to the day of 198
13 This permit is not transferable.
Dated
Secretary of the Govt of India
FORM J
[See rule 8(1)
Voyage-wise Statement to be Furnished by the Charterer
1. Name and adress of the Charterer.
2, Particulars of fishing vessels: Name Size Over length
Gross Registered Tonnage
3. Number of crew :
Foreifln.
Indian.
4. Period of voyage :
(i) Date of departuie from foreign port,
(ii) Date of entry into the Maritime Zone of India,
(iii) Date of reporting "t the base of operation,
(iv) Period of fishing From To
(v) Date of departure from the base of operation,
(vi) Date of leaving the Maritime Zone of India.
5. Details of each fishing operation (for each haul)
(i) Haul Number.
(ii) Type and Size of Gear.
(iii) Position Shotting Hauling
Latitude Longitude
(iv) Time Shot Hauled
(v) Depth (meters)
'(vi) Total catch (in kilograms)
Maintain species caught Weight (Kilograms)
1. 2 3. 4. 5. 6 etc.
6. (i) Value declared at customs foi (he total catch and
for each vtiricty (in foreign currency).
(n) Value realised on domestic marketing for each variety
(in Indian rupees).
7. Quantity, value and countiy to which each item was
exported.
8. Payment made to foreign collaborator : In foreign exchange. In Rupees.
9. Payment received from foreign collaborator In foreign exchange. In Rupees.
Signature of the Chaietrer