RULES AND CONDITIONS PROHIBITING
FISHING WITH STAKE-NETS AND CHINA NETS IN CERTAIN WATERS IN MALABAR AND SOUTH
KANARA DISTRICTS, 1953
[1][RULES AND CONDITIONS
PROHIBITING FISHING WITH STAKE-NETS AND CHINA NETS IN CERTAIN WATERS IN MALABAR
AND SOUTH KANARA DISTRICTS, 1953]
PREAMBLE
In exercise of the
powers conferred by section 6 of the Indian Fisheries Act, 1897 (Central Act IV
of 1897), and in supersession of the rules prescribed with Development
Department Notification No. 88, dated the 1st March 1934, at page 548 of Part I
of the Fort St. George Gazette, dated the 6th March 1934, and Development
Department Notification No. 126, dated the 17th February 1941, at pages 236-237
of Part I of the Fort St. George Gazette, dated the 25th February 1941, as
subsequently amended, the Governor of Madras hereby makes the following rules,
the same having been previously published: -
Rule - 1.
No person shall fish with stake-nets or china
nets in any of the waters specified in Schedule 'A' annexed hereto except under
and in accordance with the terms and conditions of a license granted by the
Assistant Director of Fisheries concerned.
Rule - 2.
Whoever commits a breach of rule 1 shall be
punishable with fine which may extend to one hundred rupees, and when the
breach is a continuing breach, with a further fine which may extend to ten
rupees for every day after the date of the first conviction during which the
breach is proved to have been persisted in.
Rule - 3.
Any nets used in contravention of rule 1 and
all fish caught by means of such nets shall be liable to seizure and removal by
any Police, Revenue or Fishery Officer.
Rule - 4.
A Magistrate may, when convicting any person
for the breach of rule 1, Order the forfeiture of sill the nets by which such
breach was committed and all the fish taken by means of such nets.
Rule - 5.
The license fee for a stake net shall be Rs.4
for a year and that for a China net shall be Rs. 10 for a year and such fees
shall be paid in advance.
Rule - 6.
A license granted under these rules shall be
in the Form and shall include the conditions specified in Schedule 'B' annexed
hereto.
Rule - [8.
Not with standing anything contained in these
rules, the Director of Fisheries or the Government may, either suo motu or on
application call for and examine the records of any order passed by the
Assistant Director of Fisheries relating to the grant or renewal of a license
under the provisions of these rules for the purpose of satisfying himself or
themselves as to the legality or propriety of such order, and may:-
(a)
Confirm,
modify or set aside the order; or
(b)
remit
the case for reconsideration to the Assistant Director of Fisheries concerned,
directing such further action or enquiry as the Director of Fisheries or the
Government considers or consider proper in the circumstances of the case; or
(c)
pass
such order as the Director of Fisheries or the Government may deem fit:
Provided that no order to the disadvantage of
a person shall be passed under this rule unless the person concerned is given
an opportunity of making any representation which he may wish to make against
such order.][2]
(Rule 1)
Malabar district
(1)
Chettuvaye
river in the Ponnani taluk of the Malabar district about 5 miles in length from
its mouth to Pulikkakodam in the Engadiyuramsom on the South and
Kundathiyuramsom on the north.
(2)
Ponnani
river in the Ponnani taluk of the Malabar district from its mouth to
Chambravattam ferry in the Pallipuramamsom, desom on the north and
Isvaramangalamamsom, desom in the south.
(3)
Beypore
river (a) in the Kozhikode taluk of the Malabar district from its mouth to Oor
Kadavu ferry in Cheruppa village, and (b) in the Emad taluk of Malabar district
from its mouth to Oor Kadavu ferry in Karumarakadu village.
(4)
Valarpattanam
(Balapatam) river in the Chirakkal taluk of the Malabar district from its mouth
to Munderi ferry in R.S. No. 89 in CheleriamsomNooncheridesom.
(5)
Taliparamba
river in the Chirakkal taluk of the Malabar district from its mouth to Pattuvam
ferry and Maniyamtara land-mark R.S. No. 1/1 in Pattuvamdesom and R.S. No. 1/14
in Varam desom in Velyannoreamsom.
(6)
Korapuzha
river, about a mile and a half in length in the southern branch, from its mouth
to Puthookat Kadavu in the Elathuramsom and desom in Kozhikode taluk.
(7)
Korapuzha
river, about five miles in the northern branch from its mouth to Ollur Kadavu
in Olluramsom and Kunnatharadesom in the Kurumbranad taluk.
South Kanara district
(1)
Charavattur
river in the Kasaragod taluk of the South Kanara district from its mouth to
Karayangot ferry between the villages of Nileshwar in north and Charavattur in
the south.
(2)
Chandragiri
river in the Kasaragod taluk of the South Kanara district from its mouth to
Bevunje ferry in the Bevunje village.
(3)
Chirya
(Adakasthala) river in the Kasaragod taluk of the South Kanara district from
its mouth to Bambran ferry between the villages of Ichlangod in north and
Bambran in the south.
(4)
Netravati
river in the Mangalore taluk of South Kanara district from its mouth to the
Harekala ferry in Harekala village.
(Rule 6)
Not transferable
(To be impressed with seal)
Fisheries Department
License to fish with stake-nets or china nets (issued
under section 6 of the Indian Fisheries Act, 1897)
(To be shown on demand to any Police, Revenue or Fishery
Officer)
Taluk
Village
Name of the license-holder.
Residence of license-holder.
Number of stake-nets or china nets licensed.
Survey number.
Period of license.
Dated
Assistant Director of Fisheries.
Conditions
1.
A
license fee of Rs. 4 per year for a stake-net and a license fee of Rs. 10 per
year for a china net shall be charged.
2.
No
stakes should be planted within 50 yards on either side of a landing place of a
ferry.
3.
No
stakes should be planted within 20 yards on either side of a place recognized
as a landing place.
4.
No
stakes should be planted in the centre of a river to a width of 20 yards or one
third of the width of the river, whichever is less. This portion should be left
free for navigation.
5.
No
stakes should be planted in the mouth of a river.
6.
Stakes
should be visible to a height of three feet above the surface of the water
during high tide.
7.
Caution
posts should be planted on either side of a line of stakes and the posts should
have red light at night.
8.
The
license is subject to cancellation by the Assistant Director of Fisheries, for-
(1)
transferring
the license (either for stake-net or china net) or leasing it out to others;
(2)
licensee
habitually absenting himself from the place where the net is cast and fishing
is conducted entrusting the work of operating the net to agents;
(3)
misusing
the license and its privileges in a way detrimental to other licensees and
other users of the area;
(4)
violation
of any of the conditions of the grant of license.
9.
A
license shall not be liable to cancellation unless the licensee has been given
an opportunity to show cause against such cancellation within the specified
time and his explanation has been duly considered.