LexThe Monsoon Fishery (Pelagic) Protection Act, 13 of 2007
Kerala · state statute
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TilE KERALA MONSOON FISHERY (PELAGIC) PROTECI10N
ACT, 2007
(ACT 13 O:F 2007)
CONTENTS
Preamble
Sectwns
1 Short ntle, extent and commencement
2 Defimt1on
3 Authonzatron of Officers for the purpose of any prov1s1on of th1s
Act
4 Right of fishmg dunng the Monsoon Season
5 Power to enter and search fishmg vessel
6 Dtsposal of confiscated vessel, fish and Implements
7 Power of the Government to revoke or modtfy the orders
8 Power to make rules
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[TranslatiOn m Enghsh of "2007-6H~J ace,m~ ruc5nCl:lc6l~ru Qlam<ru~mJm.umo
(<ruOJ6<llfl~n.Jm1cmruo) <ruomdhCl:l6mo ~«hg, pubhshed under the authonty of the
Governor]
ACT 13 OF 2007*
TI-lE KERALA MONSOON FISHERY (PELAGIC) PROTECilON ACT, 2007
An Act provzde for secunty of life and lzvehhood of the tradztwnal fishermen
and to ensure thezr subszstence by occupyzng pelagzc fishery through
tappmg the umque pe/agzc fishery resources m the State lzke chakara in
monsoon season and to. regulate them and for matters connected therewtth
or mczdental thereto
.
Preamble -WHI:.REAS 1t 1s exped1ent to provtde for the pelagJC fishery by
the trad1t10nal fishermen usmg tradJtlOnal and mod1fied traditional crafts durmg
monsoon season and to regulate them and for matters connected therewith or
mctdental thereto,
BE lt enacted m fifty-e1ghth Year of the Repubhc of Indta as follows-·
'
Short tztle, extent and commencement -{1) Th1s act may be called the
Kerala Monsoon F1shery (pelagtc) ProtectiOn Act, 2007
(2) It extends to the whole State of Kerala.
(3) It shall come mto force at one
~- 2 Dejinzton -In th1s Act, unless the context otherwtse requarcs,-
(a) "authonsed officer'' mean~ such officer as the Government may by
notlficatton m the Gazette autl\onse m respect of the matter m wh1ch reference ts
made m the prov1s1on of th1s Act m wh1ch the expresswn occurs,
(b) "F1shmg vessel" means a vessel whether or not fttted wtth
m.echamcal means of propulsion engaged m sea fishmg and mcludes,-
( 1) catamaran,
(11) a country craft and
( 111) a canoe,
'":t- (c) "Tradrtronal F1shennan" means any person engaged m fishmg wtth
or Without tradtttonaJ or modtfied traditiOnal crafts and gears for hiS hvehhood,
• RcccJvcd the assent of Governor on the 21st June, 2007 and published •n the
Kcrala GaLettc ExJraor~mary No 1161 dated 21 sl June, 2007
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(d) "Modtfied tradLtlonal Crafts and Gears" means tradttwnal crafts and
gears, modtfied 10 thetr shape or form or stze mclud10g means of propulsiOn by ---t'
the usage of motors or eng10es for the exclustve purpose of propelling the crafts
and vessels used by the TradtttOnal Ftshennan,
(e) "Pelagtc Ftshery" means fishery or ftshmg actlvttres relatmg to
ftshmg of any spectes of ftsh resources dtstnbuted m the surface or
sub surface or column water areas of the spectfied area,
(f) "Specified area" means such area 10 the sea along the entue coast
h.ne of the state, but not beyond terntonal water, as may be specified by the
government by notificatiOn 10 the Gazette,
(g) "State, means State of Kerala and mcludes the terntonal waters
along the entire coast hne of the State
3 Authorzsatzon of Officers for the purpose of any provzszon of th1s
Act -Any officer of the Government authonsed under sectiOn 3 of the Kerala
Manne Ftshmg RegulatiOn Act, 1980 (Act 10 of 1981) wtll be the Authonsed
Officers for the purpose of any of the provtston of thts Act
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4 Rzght of fishzng dunng the monsoon season - Not wtthstandmg
anythmg contamed 10 any law, JUdgement, decree or order of court, the
tradtttonal fishermen have the nght to conduct pelagtc fishery dunng monsoon
season usmg tradJtlOnal and modtfled tradttonal crafts and gears wtthm the
temtonal waters
Provtded that no fishmg craft, gear or vessel, whtch 1f used would 1\ann
the JUVemle fish, egg of the ftsh and such other ,species whtch are necessary ~
for the reJuvenation of the manne wealth found m the sea bed shall be used
Provtded further that, the Government may by an order, ban the nght of
fishmg conferred unde.r th1s sectiOn tf the~are convmced that any person
Jll1suse such fishery whtch ts hannful to fish breed10g and fish wealth 10 the sea
bed.
5 Power to enter and search fishzng vene/ -The authonzed officer may,
tf he has reason to beheve that any fishmg vessel or crafts and gears ts bemg,
or has been, used m contravention of any of the provts1ons of thts Act or of
any order or rule made thereunder, enter and search such vessel and 1mpound
and confiscate such vessel, fish and the tmplements thereto
6 Dzsposal of confiscated vessel, fish and Implements -{ 1) The authonzed --i;
officer shall keep the fishm!l vessels tmpounded under sectton 5 of the Act, m
such place and m such manner as may be prescnbed
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(2) The authorizeri officer shall dtspose of the confiscated arhclcs m
sue~ manner as may be prescnbed.
7 Power of the Government to revoke or modtfy the 01 ders -The
Government may, on report or complamt by the authonzed officer or suo motu
revoke, annul or modtfy any order tssued by them under section 4 or ? of the
Act, as the case may be, tf they are of the optmon that the etrcumstanccs
' render 1t necessary to do so
8 Power to make rules -( 1 )_The Government may, by nohficattOn m the
Gazette, make rules for carrymg out the prov1srons of thts Act
.
(2) Every rule made under th1s Act shall be laid , as soon as may be
after It IS made, before the Legislative Assembly, whtle 1t 1s sess10n, for a total
penod of fourteen days ·wh1ch may be compnsed m one sess1on or m two
successive sess10ns, and tf before the exp1ry of the sess1on m whtch 1t 1s so la1d
or the sess10n tmmedtately followmg, the Legtslattvc Assembly makes any .
modtficatton m the rule or dec1des that the rule should not' be made , the rule
shal~ thereafter have effect only m such mod1fied fonn or be of no effect, as the
case may be; so, however, that any. such mod1ficat10n or annulment shall be
wtthout preJUdice to the vahd1ty of anythmg prevwusly done under that rule
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