The KERALA MONSOON FISHERY (PELAGIC) PROTECTION ACT, 2007

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THE KERALA MONSOON FISHERY (PELAGIC) PROTECTION ACT, 2007
ACT 13 OF 2007
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definition.
3. Authorisation of Officers for the purpose of any provision of this Act.
4. Right of fishing during the monsoon season
5. Power to enter and search fishing vessel
6. Disposal of confiscated vessel, fish and implements.
7. Power of the Government to revoke or modify the orders.
8. Power to make rules.
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[Translation in English of “2007- ലെ കേരള വര്‍ഷ ാ മല്‍സ്യബന്ധനം  (സമുകേ)ാപരിതം)  സംരക്ഷണ ആക്റ്റ് "
published under the authority of the Governor.] 
THE KERALA MONSOON FISHERY (PELAGIC) PROTECTION ACT, 20071
An Act to provide for security of life  and livelihood of the  traditional fishermen and to
ensure their subsistence by occupying pelagic fishery through tapping the unique pelagic fishery
resources in the State like chakara in monsoon season and to regulate them and for matters
connected therewith or incidental thereto.
Preamble.- WHEREAS it is expedient to provide for the pelagic fishery by the traditional
fishermen using traditional and modified traditional crafts during monsoon season and to regulate
them and for matters connected therewith or incidental thereto;
BE it enacted in Fifty-eighth Year of the Republic of India as follows:-
1.  Short title, extent and commencement.– (1)  This Act may be called the Kerala
Monsoon Fishery (Pelagic) Protection Act, 2007.
(2) It extends to the whole State of Kerala.
 (3) It shall come into force at once.
2. Definition.–  In this Act, unless the context otherwise requires,-
(a) “authorised officer” means such officer as the Government may by notification in the
Gazette authorise in respect of the matter in which reference is made in the provision of this Act
in which the expression occurs;
(b) “Fishing  vessel” means a vessel whether or not fitted with mechanical means of
propulsion engaged in sea fishing and includes, –  
(i) catamaran, 
(ii) a country craft and 
(iii) a canoe;
(c) “Traditional Fisherman” means any person engaged in fishing with or without
traditional or modified traditional crafts and gears for his livelihood;
1 Received the assent of the Governor on the 21st June, 2007 and published in the Kerala Gazette Extraordinary No. 
1161 dated 21st June, 2007.
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(d)“Modified Traditional Crafts and Gears” means traditional crafts and gears, modified in
their shape or form or size including means of propulsion by the usage of motors or engines for the
exclusive purpose of propelling the crafts and vessels used by the Traditional Fisherman;
(e) “Pelagic Fishery” means fishery or fishing activities relating to fishing of any species of
fish resources distributed in the surface or sub surface or column water areas of the specified area;
(f) “Specified area” means such area in the sea along the entire coast line of the State, but
not beyond territorial water, as may be specified by the Government by notification in the Gazette;
(g) “State” means State of Kerala and includes the territorial waters along the entire coast
line of the State.
3. Authorisation of Officers for the purpose of any provision of this  Act.–  Any officer of the
Government authorised under section 3 of the Kerala Marine Fishing Regulation Act, 1980 (Act 10
of 1981) will be the Authorised Officers for the purpose of any of the  provision of this Act.
4. Right of fishing  during the monsoon season.–  Notwithstanding anything contained in any
law, judgment, decree or order of court, the traditional fishermen have the right to conduct pelagic
fishery during monsoon season using traditional and modified traditional crafts and gears within
the territorial waters:
Provided that no fishing craft, gear or vessel, which if used would harm the juvenile fish,
egg of the  fish and such other species  which are necessary for the rejuvenation of the  marine
wealth found in the sea bed shall be used:
Provided further that, the Government may by an order, ban the right of fishing conferred
under this section if they are convinced that any person misuse such fishery which is harmful to
fish breeding and fish wealth in the seabed.
5. Power to enter and search fishing vessel. –  The authorized officer may, if he has reason to
believe that any fishing vessel or crafts and gears is being, or has been, used in contravention of
any of the  provisions of this Act or of any  order or rule made thereunder, enter and search such
vessel and impound and confiscate such vessel, fish and the implements thereto.
6. Disposal of confiscated vessel, fish and implements.–  (1) The authorized officer shall keep
the fishing vessels impounded under section 5 of the Act, in such place and in such manner as may
be prescribed.
(2) The authorized officer shall dispose of the confiscated articles in such manner as may be
prescribed.
7.  Power of the Government to revoke or modify the orders.–  The  Government may, on
report or complaint by the authorized officer or suo motu revoke, annul or modify any order
issued by them under section 4 or 5 of the Act, as the case may be, if they are of the opinion that
the circumstances render it necessary to do so.
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8. Power to make rules.– (1) The Government may, by notification in the Gazette, make rules
for carrying out the provisions of this Act.
(2) Every  rule made under this Act shall be laid, as soon as may  be after it  is made,
before the Legislative Assembly, while it is in session, for a total period of fourteen days which may
be comprised in one session or in two successive sessions, and if before the expiry of the session in
which it  is so laid or  the session  immediately following, the  Legislative Assembly makes any
modification in the rule or decides that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.
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