The Nagaland Fisheries Act, 1980

THE NAGALAND FISHERIES ACT, 1980 
 
(NAGALAND ACT NO. 2 OF 1982) 
 
(Received the assent of the Governor on 24-12-81 and published in the Nagaland Gazette extraordinary 
dated 3rd Mwvh, 1981). 
 
An 
 
Act 
 
To provide for certain matter relating to fisheries in the State of 
Nagaland. 
It is hereby enacted in the thirty-first year of the Republic of India as follows : — 
Short title, extend and commencement 
1.  (1)  This Act may be called the Nagaland Fisheries Act., 1980. 
   (2) It extends to the whole of the State of Nagaland. 
   (3) This section shall come into force on such date, for such period and in such area as  
    the at once and the remaining sections will come into force State Government may  
    by notification in the official Gazette specify in this behalf. 
Definitions 
2. In this Act., unless there is anything repugnant to the subject or context 
   (1) “Fish” includes fish, Turtless, Dolphins, aquatic plants as Fisheries, Whale and  
     fish in all States in its life history. 
   (2) “Fixed engines” means any net, cage, fishing fence, anchored long line, trap or  
    other contrivance for taking fish, fixed in the soil or made stationery in any other 
     way. 
   (3) “Fishery officer” means any person appointed by the State Government to carry out  
    all or any of the purposes of this Act or to do anything required by this Act or any  
rule made thereunder provide that no police officer belew the rank of a sub-inspector 
shall be so appointed. 
   (4) “Fishing Offence” means an offence punishable under the provisions of this Act. 
(5) “Private Water” means water which is the property of any person, or in which any  
person has for the time being an exclusive right of Fishery whether as owner, leasee 
or in any other capacity, and includes tanks, ponds, artificial lakes, etc. excavated at 
the expense of the owner, which have no communication in the rainy season with 
natural waters, such as rivers, canals streams and Jhils. 
Explanation 
Water shall not cease to be ‘private water’ within the meaning of this defmation by reason only that other 
persons, may have by usage or custom a right of Fishery therein. 
 
(6) “State Government” means State Government of Nagaland. 
    (7)  “There is no any specified waters referred in rule No. 3 which may not be applicable 
to all waters, the Fisheries Department shall specify from time to time the list of 
waters after proper survey of the resources in the State, through notification. 
 
Prohibition and licensing of fishing in selected waters by rules. 
3.  (1) The State Government may make rules for the purpose mentioned hereinafter in 
 this section and shall under such rules declare the waters which all or any of them 
shall apply. 
 
(2) The State Government may be notification in the Official Gazette, apply such rules  
or any of them to any private water with the consent in writing of the owner thereof 
and of all other persons having for the time being any exclusive right to Fishery 
therein or if the State Government is satisfied that the consent is 
unreasonablywithheld without such consent: 
  Provided that not rules made under this section shall apply to any religious waters. 
   Note: “Religious Water” means water belonging to a religious body or Institution 
and which have never been fished before on account of any restriction on 
religious grounds. 
(3) Such rules may: 
    (a) Prohibit or regulate or any of the following matters that is to say 
   (i) The erection and use of fixed engines: 
 
    (ii) The construction, temporary or permanent of wire dams and bund and 
   (iii) The dimension and kind of nets and size of mesh or any other fish  
    contrivance to be used and mode of using therein. 
  (b) Prohibit the destruction of or attempt to destroy fish by gun, spear, bow and  
 arrows or like instrument; dynamiting, poisonning of waters or pollution of 
waters by trade effluent: 
   (c) Prohibit the capture of or attempt to capture or kill-broad fish (fish carrying  
 eggs sperms) or catching or sale of any spawn or young fishe in breeding 
seasons. 
   (d) Prohibit fishing except under license or regulate the granting of such  
    licenses, the charges of fees thereof and the conditions to be inserted  
    therein. 
   (e) Prescribed a minimum size or weight below which no fish of any prescribed  
    species shall be killed or sold. 
   (f) Prescribed seasons in which the killing or catching or sale of any spawn,  
    young or adult fish, of any prescribed species shall be prohibited 
   (g) Prohibit fishing in any specific water for specified water for specified  
    period. 
   (h) Regulate the export of fish outside any area or areas and price at which fish 
     may be brought or sold in specified markets of all or any specified species. 
   (i) Require the owner, mortgage with possession or leasee of any rank of Jhil  
    for the stocking of fish; 
   (j) Prescribed the formation of association or societies and the collection of  
    funds for the uplift of fisherman and promotion of the fishing industry. 
    4. In making any rules under this section the State Government may provide for: 
    (a)  the seizure, removal and forfeiture of any apparatus erected or used for fishing in 
contravention of the rules: 
(b) the forfeiture of any fish taken by means of any such apparatus, and 
  (c) the confiscation of any consignment of fish held or transported in contravention of 
    the rules. 
    5.      (1)  The power to make rules under this section shall be subject to the condition of the rules 
   being made after previous publication. 
(2) Every rule made under this section shall be laid as soon as may be, after it is made,  
before the Assembly while it is in session for a total period of seven days which may be 
comprised in one session or in two successive sessions if, before the expiry following, the 
Assembly agree in making any modification in 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 
annul ment shall be without prejudice to the validity of anything previously done under this rule. 
Provided that this rule shall not apply to the fishing operation of the Fisheries Department conducted under the 
orders of an officer not below the rank of Superintendent of Fisheries. 
Power to prohibit sale of fish 
6. The State Government may by notification in the Official Gazette prohibit in such area or areas as may 
be specified in that behalf, the offering or exposing for sale or barter of any fish, killed in convtravention 
of any rule made under sub-section (3) of section 3. 
 
Penalties 
7. The breach of any rule made under Section 3 or any prohibition notified under section 4, shall be 
punished : — 
 
(i) on the first conviction with imprisonment of either description for a 
term which may extend to two months or with fine which may 
extend to five hundred Rupees with both. 
(ii)          on every subsequent conviction, with imprisonment of either  
         description for a term which may extend to five thousand rupees or  
  with both. 
 
Arrest without warrant for  offences under the Act 
8. (i) 
 Any Fishery officer, Police officer not below the rank of a Sub-Inspector or any other person, 
specially empowered by the State Government in the behalf may arrest without warrant any 
person committing or attempting to commit, in his view a fishing offence : — 
   (a) if the name and address of the person are not known to him and 
   (b) if the person declines to give his name and address if there is reason to doubt the  
    accuracy of the name and address, if given. 
(ii) A person arrested under this section may be detained until his name and address have been  
 correctly ascertained: 
Provided that no person arrested shall, be detained longer than may be necessary for bringing him before a 
Magistrate, except under the order of a Magistrate for his detention. 
(iii)  Every Fishary officer shall have the same powers of search and investigation relating to 
 fishing offence as a Police officer of the rank of Sub-Inspector has under the code of  
Criminal Procedure 1973 (Act 2 of 1974). 
 
Jurisdiction Inferior to that of Magistrate of the second class excluded 
9. No court shall take cognizance of any offence under this Act, except on the complaint of a Fishery  
     officer or of a Police officer not below the rank of a Sub-Inspector or any other person or class of  
      persons authorised by the State Government in this behalf. 
 
Power to compound certain offences 
3. (i)  The State Government may, by notification in the Official  Gazetted empower a Fishery 
    officer by name or by virtue of office. 
 (a) to accept from anyperson concerning whom evidence exists which if unrebutted, 
would prove that he has committed any first column of the Schedule, a sum of money 
by way of compensation for the offence with regard to which such evidence exists and 
on the payment of such sum to such officer, such person, if in custody shall be 
released and no further proceedings shall be taken against him. 
 (b) to release any property that has been seized as liable to confiscation without further  
 payment or on payment the value thereof as estimated by such officer and on the 
payment of such value, such property shall be released and no further proceedings 
shall be taken in respect thereof : — 
    (ii) The sum of money accepted as compensation under Clause (a) Sub-section (1) shall in no 
    case exceed the amount acceptable as compensation in the second column of the Schedule  
   for the particular offence described in the first column thereof. 
 
 
The Schedule 
 
 
(SEE SECTION 8) 
 
Maximum amounts acceptable, as compensation for certain fishing offences under Section-8. 
Description      Maximum amount 
 of offences               acceptable as 
           compensation 
 1            2 
          Fishing within net having smaller     Rs. 500.00/— 
 mesh than that prescribed under         (Rupees five hundred) 
 the rules made under the Act. 
 
2. Fishing without a licence.        Rs. 500.00/— 
           (Rupees five hundred) 
 
3. Killing or catching or selling or          Rs. 500.00/— 
 attempting to kill, catch or sell                 (Rupees five hundred) 
 fish of a size or weight less than 
 the standard prescribed under 
 this Act. 
 
4. Killing or catching or selling or           Rs. 500.00/— 
 attempting to kill catch or sell           (Rupees five hundred) 
 any fish a prohibited species 
 during a close season. 
 
5. Fishing or attempting to fish, with        Rs. 500.00/— 
 any gear other than permitted      (Rupees five hundred) 
 under the rules. 
 
6. Fishing or attempting to fish with       Rs. 500.00/- 
 chemicals or any other obnoious      (Rupees five hundred) 
 or dynamites etc. 
 
7. Licence holders employing or        Rs. 500.00/- 
 engaging non-licencee to help      (Rupees five hundred) 
 them with their nets while fishing. 
 
8. Fishing or attempting to fish in        Rs. 500.00/— 
 prohibited waters.      (Rupees five hundred) 
 
9. Offering or exposing for sale or        Rs. 500.00/— 
 barter any fish the sale of which      (Rupees five hundred) 
 is prohibited in any specified area 
 by notification issued under 
 section 4. 
 
10. Selling or attempting to sell fish        Rs. 500.00/— 
 for price above the specified      (Rupees five hundred) 
 market value. 
 
11. Exporting or attempting to export        Rs. 500.00/— 
 fish in cotravention of any rule      (Rupees five hundred) 
 made under clause (g) of Sub 
 section (3) of section 3. 
 

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