843

Panaji, 17th September, 2019 (Bhadra 26, 1941)

SERIES I No. 24

Reg. No. G-2/RNP/GOA/32/2018-2020

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Law & Judiciary

Legal Affairs Division

__

Notification

7/13/2019-LA-244

The Goa Marine Fishing Regulation

(Amendment) Act, 2019 (Goa Act 12 of 2019),

which has been passed by the Legislative

Assembly of Goa on 08-08-2019 and assented

to by the Governor of Goa on 10-09-2019, is

hereby published for the general information

of the public.

D. S. Raut Dessai, Joint Secretary (Law).

Porvorim, 17th September, 2019.

_________

The Goa Marine Fishing Regulation

(Amendment) Act, 2019

(Goa Act 12 of 2019) [10-09-2019]

AN

ACT

further to amend the Goa, Daman and Diu

Marine Fishing Regulation Act, 1980 (Act

No. 3 of 1981).

Be it enacted by the Legislative Assembly

of Goa in the Seventieth Year of the Republic

of India as follows:—

EXTRAORDINARY

No. 4

1. Short title and commencement.— (1) This

Act may be called the Goa Marine Fishing

Regulation (Amendment) Act, 2019.

(2) It shall come into force on such date as

the Government may by notification in the

Official Gazette, appoint.

2. Amendment of section 2.— In section 2 of

the Goa, Daman and Diu Marine Fishing

Regulation Act, 1980 (Act No. 3 of 1981)

(hereinafter referred to as the “principal

Act”),—

(i) after clause (c), the following clauses

shall be inserted, namely:—

“(ca) “Directorate of Fisheries” means

the Directorate of Fisheries of the

Government of Goa;

(cb) “fish” includes shell fish and

crustaceans;

(cc) “fish landing centre” means the

landing place where landing or berthing

facilities have been provided for fishing

vessels and their adjoining areas set

apart for repair yards, fuel and ice supply

installation, auction hall and such limits

as may be specified by the Government

from time to time;

(cd) “fishing” means any act or activity

connected with the catching of fish from

any water by using fishing vessel, fixed

Suggestions are welcomed on e-mail: dir–[email protected]

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 24

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17TH SEPTEMBER, 2019

844

machine, free net or otherwise and

includes stocking of shell fish, conchs and

any type of filtration and culturing of them;

(ce) “fishing stake” or “stake” or

“fishing net” or “fishing gear” or “fixed

engine” means any trap or such other

contrivance for catching fish either fixed

in the soil or river bed or made stationary

in any other way in a creek, canal, river,

stream, water course or sea;’’;

(ii) after clause (f), the following clause

shall be inserted namely:—

(fa) “prescribed” means prescribed by

rules made under this Act;”;

(iii) in clause (g), after item (ii), the

following item shall be inserted, namely:—

“(iii) a fishing vessel registered under

section 435 G of the Merchant Shipping

Act, 1958 (Central Act 44 of 1958);”.—

3. Amendment of section 3.— In section 3

of the principal Act, for clause (a), the

following clause shall be substituted,

namely:—

“(a) Any Officer of the Directorate of

Fisheries not below the rank of Fisheries

Officer or any Police Officer not below the

rank of Police Sub-Inspector; or”

4. Insertion of new section 8A.— After

section 8 of the principal Act, the following

section shall be inserted, namely:—

“8A. Erection of fishing stakes and

registration of net.— (1) no person shall erect

a fishing stake without obtaining permission

from the authorized officer.

(2) The application for permission under

sub-section (1) shall be made in such form and

with such fees as prescribed.

every person in possession of a fishing net

shall register his net with the Directorate of

Fisheries and shall apply in such form

alongwith such fee as prescribed to obtain a

licence for operating the same. The fishing nets

operated by the Central or State Government

are exempted from this provision.

(3) The authorized officer shall after making

inquiry as deem fit in the matter grant licence

in such form as prescribed.

No person shall use net the mesh size

whereof is less than 24 mm for catching fish

and 20 mm for catching prawns.

5. Amendment of section 11.— In section 11

of the principal Act, after sub-section (1), the

following sub-sections shall be inserted,

namely:—

“(1A) where a licence granted under

section 6 is suspended or cancelled by the

Authorised officer, the holder of such license

shall within a period of fifteen days from the

date of such suspension or cancellation

surrender such licence to the Authorised

officer and berth his fishing vessel near the

jetty or port or near his residence and under

his control and whenever Authorised Officer

demands, he shall bring such fishing vessel

before such officer for the purpose of

inspection.

(1B) where the licence granted under

section 6 is suspended, once the suspension

period expires the holder of such licence

shall collect such licence from the

Authorised Officer.”

6. Insertion of new section 17 A.— After

section 17 of the principal Act, the following

section shall be inserted, namely:—

“17A. Notifying the fish landing centre for

landing and berthing of the fishing vessel.—

The Government may, by notification in the

Official Gazette, notify the fish landing

centre”.

7. Substitution of section 18.— For section

18 of the principal Act, the following section

shall be substituted, namely:—

“18. Power to enter, search fishing vessels

and carry out inquiry.—

(1) The Authorised officer may, if he has

reason to believe that any fishing vessel

OFFICIAL GAZETTE — GOVT. OF GOA

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17TH SEPTEMBER, 2019

845

is being or has been used in contravention

of any provisions of this Act, or any rule

or order or Notification made thereunder

or any of the conditions of the licence

granted under this Act, he, shall, enter

and search such fishing vessel and

demand from the tandel or owner or any

crew or master of such fishing vessel to

produce all the documents related to the

registration of fishing vessel, licence of

fishing vessel and licence of fishing net

or any other documents which is required

on vessel under the law in force and may

make such inquiry as deemed fit by him

and in case he finds violation of the

provisions of the Act, or any rule, order

or notifications made thereunder or may

condition of the licence, he may impound

the fishing vessel and seize any fish found

in it. The fishing vessel and its accessories

shall be released by the Authorised Officer

after making necessary enquiry as he

deems fit and taking necessary

undertaking from the owner of the fishing

vessel in such form as prescribed.

(2) Every owner/tandel/master of

fishing vessel shall allow the Authorised

Officer to inspect and search the fishing

vessel in order to ascertain the

contravention of any of the provisions of

the Act or any rule or order or notification

made thereunder or any of the conditions

of the licence. The Authorised Officer shall

be not liable for the loss or damage if any

caused to the fishing vessel, accessories

or fishing gear while impounding the

fishing vessel”.

8. Insertion of new section 18A.— After

section 18 of the principal Act, the following

new section shall be inserted, namely:—

“18A. Prohibition on destruction of fish by

explosives in inland waters and on coast.—

(1) No person shall use any dynamite

or other explosive substance, with intent

to catch or destroy fish in any waters.

(2) No person shall put any poison, lime

or noxious material in any waters, with

intent thereby to catch or destroy any fish

therein.

Explanation:— The word water shall

include the sea within the distance of 12

Nautical Mile of the sea coast”.

9. Amendment of section 21.— In section 21

of the principal Act, for sub-section (1), the

following sub-section shall be substituted,

namely:—

“(1) The adjudicating officer shall, after

the enquiry under section 20, 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 any rule or order or notification made

thereunder or any condition of licence and

any such person on being found guilty by

the adjudicating officer, shall be liable to

such penalty as may be prescribed”.

Secretariat,

CHOKHA RAM GARG

Porvorim, Goa.

Secretary to the

Dated: 16-09-2019

Government of Goa.

Law Department

(Legal Affairs).

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