TAMIL NADU MARINE FISHING REGULATION RULES, 2020

PREAMBLE

In exercise of the powers conferred by Section 26 of the Tamil Nadu Marine Fishing Regulation Act, 1983 (Tamil Nadu Act 8 of 1983) and in supersession of the Tamil Nadu Marine Fishing Regulation Rules, 1983, the Governor of Tamil Nadu, hereby makes the following Rules.

CHAPTER I

PRELIMINARY

Rule 1. Short title.

These rules may be called the Tamil Nadu Marine Fishing Regulation Rules, 2020.

Rule 2. Definitions.

(1)     In these rules, unless the context otherwise requires: -

(a)      "Act" means the Tamil Nadu Marine Fishing Regulation Act, 983 (Tamil Nadu Act 8 of 1983);

(b)      "Close season" means the period during which fishing by any fishing vessel using any fishing gear is totally prohibited by notification under Section 5 of the Act for the purpose of conserving the propagation of fish during the breeding season;

(c)      "Form" means a form appended to these rules;

(d)      "Licence" means a licence granted under Section 7 of the Act;

(e)      "Section" means a section of the Act;

(f)       "Schedule" means a schedule appended to these rules.

(2)     Words and expressions used in these rules, but not defined herein, shall have the meaning respectively signed to them in the Act. 

CHAPTER II

REGISTRATION AND LICENCING OF FISHING VESSELS

Rule 3. Registration of Fishing Vessel.

(1)     Every application for registration of a fishing vessel under Section 10 of he Act or revalidation shall be made by the owner thereof to the authorized officer in Form-I obtainable from the office of the authorized officer or from the designated website.

 

(2)     Every application for registration or revalidation of a fishing vessel shall be accompanied with

 

(a)      A General Arrangement Plan duly certified by a naval architect in the case of vessels except for country craft and proof of ownership of the fishing vessel,

 

(b)      Prescribed fee for registration or revalidation of such fishing vessel as specified in Schedule-I,

 

(c)      In case of revalidation, the Certificate of Registration shall be enclosed in original.

 

(3)     The authorized officer, on receipt of application under sub-rule (1), shall by an order in writing, cause the fishing vessel to be inspected by the inspection officer.

 

(4)     The inspection officer shall inspect the fishing vessel to ensure the compliance to the requirements of the Act and Rules in particular, the sea safety, surveillance and communication requirements as specified in schedule IV appended to these rules and issue a Certificate of inspection in Form-II.

 

(5)     (a) The authorized officer on receipt of the Certificate of Inspection, being satisfied that the fishing vessel has complied with the provisions of the Act and the foregoing rules, shall register such fishing vessel or revalidate the registration of such fishing vessel;

Provided that the authorized officer may for sufficient reasons to be recorded in writing, reject the application for registration or revalidation and communicate his decision to the owner of the fishing vessel under intimation to the adjudicating officer and appellate authority.

(b) Such revalidation or rejection, as the case may be shall be made within a period of sixty days from the date of receipt of application for revalidation.

(c) If no revalidation or rejection is made within the period of sixty days, the registration of such vessel shall be deemed to have been revalidated on expiry of the said period of sixty days.

(6)     The Certificate of registration issued under sub-section (3) of section 10 of the Act shall be in Form III. The counterfoil of the Certificate of registration issued in Form III shall be maintained in the office of the authorized officer in the form of a hard-bound register.

 

(7)     The applicant shall acknowledge the receipt of Certificate of registration in the counterfoil of such certificate to be maintained in the office of the authorized officer.

 

(8)     The registration mark assigned to a fishing vessel by the authorized officer shall be engraved/embossed/welded in the fishing vessel in such a manner as specified in the Schedule-II and such registration mark shall be displayed in such a manner as prescribed in schedule III.

 

(9)     Every registered fishing vessel shall be painted with the colour code as prescribed in Schedule-III.

 

(10)   Every registered fishing vessel shall carry sea safety, surveillance and communication system as specified in Schedule-IV.

 

(11)   The owner or master of a registered fishing vessel shall engage for fishing, persons having Biometric Identity Card and are eighteen years of age and above with sound physical and mental health.

 

(12)   (a) A registered fishing vessel venturing into sea shall carry or safely display the Certificate f registration issued under sub-section (3) of section 10, licence for fishing issued under sub-section (3) of section 7 of the Act in such fishing vessel.

(b) A registered fishing vessel venturing into sea shall carry Fishermen Biometric Identity cards of all the crew members issued by the authorized officer:

Provided that for sufficient reasons in case of non-availability of Fishermen Biometric Identity card, such fishing vessel shall carry temporary fishermen identity card issued by the authorized officer.

(c) All registered fishing vessel shall be covered by a policy of insurance against all marine risks by the owner for a value as may be assessed by the authorized officer and with insurance cover for the life of a minimum number of crew member as deems fit for such fishing vessel by the authorized officer.

(13)   (a) A Certificate of registration issued under sub-section (3) of section 10 of the Act, whether, before or after the commencement of the Tamil Nadu Marine Fishing Regulation (Amendment) Act, 2016 shall be valid only for such life period from the date of issue of such registration and shall be revalidated with the same registration number after such period duly following the procedures laid in this rule.

(b) The life period for fishing vessels in normal case shall be considered as follows:

(c) The authorized officer being satisfied, shall affix a stamp of revalidation which shall be valid for a maximum period of five years as he deems fit.

(d) In case the owner of a registered fishing vessel fails to revalidate the registration of fishing vessel on expiry of such life period, he shall be liable to pay 50% of applicable fees for re-validation as specified in the Schedule-I as penalty for first thirty days from the succeeding day of expiry of life period and Rs. 5 (Rupees five) per day for country craft and motorized country craft, Rs. 10 (Rupees ten) per day for mechanized or deep sea fishing vessel till the registration is revalidated.

(e) If the registration of fishing vessel is not revalidated within a period of ninety days from the date of expiry of life period, registration of such fishing vessel shall be deemed to be cancelled. Such fishing vessel shall be impounded till the revalidation of the registration.

(f) No registration of fishing vessel shall be revalidated, unless such vessel is covered by a policy of insurance as specified in clause (c) of sub-rule 12.

(14)   Registration of a fishing vessel once made under these rules shall continue to remain in force for a period referred to in sub-rule 13 provided that: -

 

(a)      Principal Place of Registry remain unchanged;

 

(b)      the registration is not cancelled or suspended by the authorized officer under sub section 3 of section 9 of the Act.

Rule 4. Change of notified place of berthing or anchoring.

(1)     The owner of a registered fishing vessel desiring to change its notified place of berthing or anchoring for seasonal fishing, shall apply in Form-IV to the authorized officer concerned with No Objection Certificate obtained from the authorized officer having jurisdiction over the place of berthing or anchoring where the fishing vessel intended to be berthed or anchored.

 

(2)     Every application under sub-rule (1) for change of notified place of berthing or anchoring shall be accompanied by such fees as specified in Schedule-I.

 

(3)     The authorized officer being satisfied that the fishing vessel has complied with the provisions of the foregoing rules, shall after making necessary entry in the registry, permit in writing the change of notified place of berthing or anchoring.

 

(4)     The owner of the fishing vessel shall produce the permit along with such fishing vessel to the authorized officer of the place of berthing or anchoring where the fishing vessel intended to be berthed or anchored.

 

(5)     The authorized officer of the place of berthing or anchoring where the fishing vessel intended to be berthed or anchored being satisfied that the fishing vessel has complied with the provisions of the foregoing rules, shall after making necessary entries in the register thereon, permit the fishing vessel in the notified place of berthing or anchoring.

Rule 5. Transfer of ownership or interest therein of a Fishing vessel.

(1)     Transfer of ownership or interest therein by way of sale.-

 

(a)      The owner, or in the case of joint ownership, all the owners of a fishing vessel desiring to transfer ownership of such fishing vessel or any interest therein, shall apply in Form-I to the authorized officer for such transfer.

 

(b)      Every application under clause (a) of sub-rule (1) for transfer of ownership of fishing vessel or interest therein shall be accompanied with such fees as specified in Schedule-I.

 

(c)      The authorized officer, on receipt of application under clause (a) of sub-rule (1), shall by an order in writing, cause the fishing vessel to be inspected by the inspection officer.

 

(d)      The inspection officer shall inspect the fishing vessel to ensure the compliance to the requirements of the Act and rules, in particular the sea safety, surveillance and communication requirements as specified in Schedule IV and issue a Certificate of inspection in Form-II.

 

(e)      All parties concerned of with the transfer of ownership of the fishing vessel shall present before the authorized officer and acknowledge the mutation by signing in the register with a minimum of one witness for each side.

 

(f)       The authorized officer shall, after making such enquiry as he deems fit, approve the transfer of ownership of fishing vessel or any interest therein within a period of sixty days from the date of receipt of such application.

 

(g)      On receipt of the registry and the Certificate of inspection, authorized officer having jurisdiction over the area of the new owner, after making such enquiry as he deems fit regarding the owner and the fishing vessel, shall register the fishing vessel in his registry in the name of the new owner.

 

(2)     Transfer of ownership by operation of law.-

 

(a)      Where the title of a fishing vessel in case of death, missing or incapacity of the owner of a fishing vessel devolves on the legal heir by operation of law, such legal heir shall apply in Form-V to the authorized officer specifying the circumstances in which he has acquired title of the fishing vessel and also adducing evidence of such acquisition.

 

(b)      The authorized officer, after making such enquiry as he deems fit, if satisfied about the claim of the applicant, shall register the change of ownership.

 

(3)     Fishing vessel owned by minors.-

 

(a)      Where a fishing vessel is registered in the name of a person as the guardian of a minor, the ownership of the fishing vessel shall remain with the minor, and on attainment of majority, he may apply in Form-VI to the authorized officer for removal of the name of the guardian.

 

(b)      The authorized officer, after making such enquiry as he deems fit, if satisfied shall remove he name of the guardian, so that the minor on attainment of major becomes the sole owner of the fishing vessel.

 

(4)     Transfer of Registry.-

Whenever the ownership of a registered fishing vessel is transferred by the authorized officer under Rule 5 to a new owner belonging to an area outside his jurisdiction, the authorized officer shall close the original registry of the fishing vessel and transfer the same along with the Certificate of inspection to the authorized officer having jurisdiction over the area of the new owner.

(5)     Registration of alterations.-

 

(a)      An application for registering the alterations of a registered fishing vessel shall be made by the owner thereof in Form-VII to the authorized officer within thirty days of such alterations.

 

(b)      In cases where the alterations:

 

(i)       do not materially affect the dimensions or the tonnage of the fishing vessel, the authorized officer shall enter the details of the alterations in the register and also in the Registration Certificate of the fishing vessel;

 

(ii)      materially affect the dimensions or the tonnage of the fishing vessel, the authorized officer shall enter the details of the alterations in the register and also in the Registration Certificate of the fishing vessel with the approval of the adjudicating officer; within a period of sixty days on receipt of application or completion of alteration, whichever is later.

 

(c)      Every application under clause (a) of sub-rule (5) for registration of alterations shall be accompanied by such fees as specified in Schedule-I.

Rule 6. Provisional Certificate of registration.

(1)     Where an application for the registration of a new fishing vessel is pending before an authorized officer and he is, having regard the circumstances of the case, of the opinion that the fishing vessel should not be detained at the place of berthing till the issuance of the certificate of registration, he may issue a Provisional Certificate of Registration in Form-VIII.

 

(2)     Every provisional Certificate of registration issued under sub-rule (1) shall specify the particulars of the fishing vessel and of the owner.

 

(3)     A provisional Certificate of registration shall be valid for such period not exceeding sixty days as may be specified therein:

Provided that the authorized officer may, if satisfied that in the circumstances of the case it is necessary to do so, extend the period of validity of a provisional certificate by a further period not exceeding sixty days.

(4)     The provisional Certificate of registration shall, on the expiry of the period of its validity or at the time of the issue of a regular certificate of registration, whichever is earlier, be surrendered to the authorized officer.

Rule 7. Mortgage of Fishing vessel.

(1)     Either the owner or the financing institution of a registered fishing vessel, on executing mortgage or hypothecation of such vessel to the financing agency or purchase of the fishing vessel on hypothecation, shall furnish the information of creation of such mortgage or hypothecation in Form-IX(a) to the authorized officer within seven days from the creation of such mortgage or hypothecation.

 

(2)     The authorized officer on being satisfied, shall record such mortgage or hypothecation in the Certificate of registration and in the register maintained by him.

 

(3)     In case of termination of mortgage or hypothecation, either the owner or the financing institution of the registered fishing vessel shall furnish the information of termination of such mortgage or hypothecation in Form-IX(b) to the authorized officer.

 

(4)     The authorized officer on being satisfied that the mortgage or hypothecation has been terminated, shall record such termination of mortgage or hypothecation in the Certificate of registration and in the register maintained by him.

Rule 8. Licensing of Fishing Vessel.

(1)     Every application for the grant or renewal of licence for a fishing vessel under section 7 of the Act shall be made by the owner thereof to the authorized officer in Form X and shall be accompanied by a licence fee as specified in Schedule - V.

 

(2)     Every registered fishing vessel shall be brought for inspection and physical verification by the authorized officer every year according to the convenience of the owner at the time of renewal of the licence.

 

(3)     The authorized officer, on receipt of application under sub-rule (1), shall cause the fishing vessel to be inspected by the inspection officer by an order.

 

(4)     The inspection officer shall inspect the fishing vessel and issue the Certificate of inspection in Form-II.

 

(5)     (a) Authorized officer being satisfied that the fishing vessel has complied with the provisions of the foregoing rules, shall grant or renew the licence to the fishing vessel:

Provided that the authorized officer may for sufficient reasons to be recorded in writing, refuse to grant or renew the licence and communicate his decision in this regard to the owner of the fishing vessel under intimation to the adjudicating officer and Appellate Authority.

(b) Such renewal or refusal to renew the licence, as the case may be shall be made within a period of sixty days from the date of receipt of application for renewal of licence.

(c) If no renewal or refusal is made within the period of sixty days, the licence of such fishing vessel shall be deemed to have been renewed for a further period of one year on expiry of the said period of sixty days.

(6)     The licence granted by the authorized officer under section 7 of the Act shall be in Form-XI.

 

(7)     A licence granted under the Act shall be transferred by the authorized officer at the time of transfer of ownership of fishing vessel or interest therein under sub-rule (1), sub-rule (2) and sub-rule (3) of rule 5 of the said rule and shall be cancelled by the authorized officer at the time of Transfer of Registry of fishing vessel under sub-rule (4) of rule 5 of the said rule.

 

(8)     Every holder of a licence shall strictly comply with the provisions of the Act, and rules and the terms and conditions of the licence.

 

(9)     No licence shall be granted or renewed for any fishing vessel, unless such vessel is covered by a policy of insurance against all marine risks by the owner, for a value as may be assessed by the authorized officer and with insurance cover for the life of a minimum number of crew member as deems fit for such fishing vessel by the authorized officer.

 

(10)   Every person incharge of a mechanised fishing vessel shall obtain a daily fishing permit sheet as prescribed in the Form-XV from the authorized officer before such mechanised fishing vessel leaves the notified place of berthing or anchoring and shall hand over the daily fishing permit sheet on return to the authorized officer at the said notified place of berthing or anchoring.

 

(11)   (a) A licence granted under sub-section (3) of section 7, whether before or after the commencement of the Tamil Nadu Marine Fishing Regulation (Amendment) Act, 2016 shall be valid for a period of one year from the date of issue of such licence or till the 31st day of the month of March following the date of issue of licence, whichever is earlier.

(b) The licence shall be renewed before the expiry of such licence or before 31st March of the succeeding year.

(c) In case the owner of a registered fishing vessel fails to renew the licence before the expiry of such licence under clause (b) of sub rule (11), he shall be liable to pay 50% of the applicable fees for renewal of fishing licence as specified in the Schedule-V as penalty for the 1st month beginning from 1st April up to 30th April and then Rs. 5/- (Rupees five) per day for country craft and motorized country craft, Rs. 10/- (Rupees ten) per day for mechanised or deep sea fishing vessel till the licence for fishing is renewed.

(d) The licence not renewed within a period of ninety days from the date of expiry of such licence, shall deemed to be cancelled.

Rule 9. Cancellation or suspension of Registration of fishing vessel, Licence for fishing.

(1)     The Authorized officer, if satisfied either on a reference made to him in this behalf or otherwise, that:-

 

(a)      a Certificate of registration issued under section 10 and the licence for fishing issued under section 7 of the Act has been obtained by misrepresentation as to an essential fact, shall cancel or suspend the Certificate of registration and the licence for fishing; or

 

(b)      the holder of licence or the Certificate of registration has without reasonable cause failed to comply with the conditions subject to which the licence or the certification of registration has been granted or has contravened any of the provisions of the Act or rule made there under, shall cancel or suspend the licence and the Certificate of registration or forfeit the whole or any part of security, if any furnished for the due performance of the conditions subject to which the licence has been granted.

 

(c)      the fishing vessel has been lost or damaged due to fire accident or any other cause, shall cancel the Certificate of registration and licence for fishing of such lost or damaged fishing vessel.

 

(2)     The authorized officer shall provide a reasonable opportunity to the owner of the fishing vessel for showing cause before cancellation or suspension of Certificate of registration and the licence for fishing.

Rule 10. Issue of duplicate licence and duplicate Certificate of registration.

(1)     The loss, damage or mutilation, as the case may be of the Certificate of registration of a fishing vessel or licence for fishing shall be reported forthwith, by the owner of the fishing vessel to the Police Authority concerned.

 

(2)     The application for grant of duplicate licence and duplicate Certificate of registration shall be made by the licencee or the owner of the fishing vessel as the case may be in Form-XII and shall be accompanied with a Non-traceable Certificate issued by the Police Authority concerned.

 

(3)     The authorized officer shall issue a duplicate licence or duplicate Certificate of registration to the licensee or the owner of the fishing vessel, as the case may be, after duly verifying the facts and documentary evidence if any and satisfying himself as to the genuineness of the application. Duplicate licence or duplicate Certificate of registration shall be issued on payment of a fee specified in Schedule - VI.

Rule 11. Grant of Driving Licence to drive Mechanised Fishing Vessel.

(1)     The applicant, who has completed eighteen years of age, may apply to the authorized officer having jurisdiction in the area, in which he ordinarily resides or carries on business to issue to him a driving licence for driving a mechanised fishing vessel.

 

(2)     Every application for issue of Driving licence to drive a mechanised fishing vessel under section 7A of the Act shall be made by the individual to the authorized officer in Form-XVI obtainable from the office of the authorized officer or from the designated website.

 

(3)     Every application for issue of Driving licence to drive a mechanised fishing vessel shall be accompanied by such fees as prescribed in Schedule-VII.

 

(4)     On receipt of the application, if the applicant satisfies the following terms and conditions, the authorized officer shall send a letter to the applicant to appear before the inspection officer with a Certificate of physical fitness obtained from the competent authority on such date with a mechanized fishing vessel for driving test:-

 

(a)      The applicant should have completed 18 years of age on the date of submitting application;

 

(b)      The applicant should have good physical and mental health;

 

(c)      The applicant has furnished Certificate of Training on Elements of Seamanship and Navigation, Marine Electronic Equipments, Operation and Maintenance of Engine imparted by an agency notified by the Government.

 

(5)     The inspection officer shall issue a Certificate for driving to the effect that the applicant has successfully completed the driving test.

 

(6)     On receipt of the Certificate for driving test of the inspection officer, the authorized officer being satisfied that the applicant satisfied the terms and conditions, shall issue a driving licence to the applicant to drive a mechanized fishing vessel:

Provided that the authorized officer may for sufficient reasons to be recorded in writing, refuse to issue driving licence and communicate his decision in this regard to the applicant.

(7)     Such granting or refusing to grant the driving licence, as the case may be, shall be made within a period of sixty days from the date of receipt of application for grant of licence.

 

(8)     The driving licence issued by the authorized officer under section 7-A of the Act shall be in Form-XVIII.

 

(9)     The licence issued under section 7-A of the act shall be valid for a period of five years. (10) The licence shall be renewed before the expiry date.

Rule 12. Renewal of Driving Licence to drive Mechanised Fishing Vessel.

(1)      The applicant may apply to the authorized officer having jurisdiction in the area, in which he ordinarily resides or carries on business to renew the driving licence for driving a mechanised fishing vessel before one month from the date of expiry of driving licence.

 

(2)      Every application for renewal of Driving Licence to drive a mechanised fishing vessel under section 7-B of the Act shall be made by the individual to the authorized officer in Form-XVII obtainable from the office of the authorized officer or from the designated website.

 

(3)      Every application for renewal of Driving Licence to drive a mechanised fishing vessel shall be accompanied by such fees as prescribed in Schedule-VII.

 

(4)      On receipt of the application for renewal of driving licence, the authorized officer shall send a letter to the applicant to appear before the inspection officer on such date with a Certificate of physical fitness obtained from the competent authority.

 

(5)      On verification of documents and examination of the individual, the inspection officer shall issue a Certificate to the effect that the applicant is physically fit to drive a mechanical fishing vessel.

 

(6)      On receipt of the Certificate of the inspection officer, the authorized officer being satisfied shall renew the driving licence to the applicant to drive a mechanized fishing vessel:

Provided that the authorized officer may for sufficient reasons to be recorded in writing, refuse to renew the driving licence and communicate his decision in this regard to the applicant.

(7)      (a) Such renewal or refusal to renew the driving licence, as the case may be shall be made within a period of sixty days from the date of receipt of application for renewal of driving licence.

(b) If no renewal or refusal is made within the period of sixty days, the driving licence of such person shall be deemed to have been renewed for a further period of five years on expiry of the said period of sixty days.

(8)      In case the holder of the driving licence to drive a mechanised fishing vessel fails to renew the licence before the expiry of such licence under this rule, he shall be liable to pay 50% in addition to the prescribed fees for renewal of the applicable fees for renewal of the driving licence as specified in the Schedule -VII as penalty for the 1st month beginning on expiry of such validity and Rs. 5 (Rupees five) per day for mechanised fishing vessels up to 15m Over All Length, Rs. 10/- (Rupees ten) per day for mechanised fishing vessel above 15m and up to 20m Over All Length, Rs. 15/- (Rupees fifteen) per day for mechanised fishing vessel above 20m Over All Length and less than 24m Over All Length till the driving licence is renewed.

 

(9)      The licence renewed under this rule shall be valid for a further period of five years.

Rule 13. Issue of duplicate driving licence to drive a mechanised fishing vessel.

(1)     The loss, damage or mutilation, as the case may be, of the driving licence shall be reported forthwith, by the applicant to the Police Authority concerned.

 

(2)     The application for issue a duplicate driving licence shall be made by the individual to the authorised officer in Form-XVII and shall be accompanied by a Non-Traceable Certificate issued by the Police Authority concerned.

 

(3)     The authorized officer shall issue a duplicate licence after duly verifying the facts and documentary evidence if any and satisfying himself as to the genuineness of the application. Duplicate driving licence shall be issued on payment of fee specified in Schedule-VII.

Rule 14. Returns to be made by owners of registered Fishing Vessels.

(1)     Every owner or master of a mechanised fishing vessel shall provide the crew details to the authorized officer at each voyage.

 

(2)     Every owner of a registered fishing vessel shall furnish a return to the authorized officer at the end of every quarter in Form-XIII.

 

(3)     The authorized officer may authorise an inspection officer by an order, to inspect any registered fishing vessel at any time to verify the accuracy of any return made under this rule. 

CHAPTER III

REGULATION OF FISHING

Rule 15. Regulation in specified area.

(1)     Every owner of a mechanized fishing vessel or Deep sea fishing vessel shall arrange to berth his boat in the Fishing Harbour provided for it by the Government or in a place notified by the authorized officer.

(2)     (a) Mechanised fishing vessel shall not be used for fishing within five nautical miles from the shore.

(b) Deep sea fishing vessel shall not be used for fishing within the territorial waters.

(c) Any deep sea fishing vessel operating from the State shall leave from and return to the notified place of berthing or anchoring during the day hours between 05.00 hours and 18.00 hours.

(3)     Trawling operations shall not be conducted within five nautical miles from the coastline.

(4)     The number of mechanised fishing vessel which may be used for fishing in any specified area shall be decided by the authorized officer having jurisdiction over that area.

(5)     When a mechanised fishing vessel or deep sea fishing vessel is taken out from a notified place of berthing or anchoring, it shall follow a specified channel marked by the authorized officer having jurisdiction in the sea up to five or twelve nautical miles limit as the case may be and then proceed to the fishing grounds;

Provided that the passing of such mechanised fishing vessel or deep sea fishing vessel is taken through the specified channel shall not in any manner cause any damage to any fishing gear belonging to any person who engages in fishing in the specified area by using any country craft and motorized country craft.

(6)     The owner of a country craft and motorized country craft shall not use his gear in the channel earmarked as the passage for mechanised fishing vessel or deep sea fishing vessel.

(7)     Fishing within 100 metres below a river mouth is prohibited.

(8)     No owner of a fishing vessel shall use or cause or allow to be used such fishing vessel for fishing in any manner which contravene provisions of these rules.

(9)     In case the unit of Indian Coast Guard or Marine Police or any other such law enforcing agency on patrolling duty notice the fishing operation of mechanised fishing vessel within the area of five nautical miles or a deep sea fishing vessel within territorial waters or is being used or caused or allow to be used such fishing vessel for fishing in any manner which contravene provisions of these rules, shall report the same to the authorized officer and such vessel at sea or on return to the shore as the case may be, shall be seized and impounded by the authorized officer.

(10)   The authorized officer having jurisdiction over the specified area shall impose ban on fishing by some class or all classes of fishing vessels for a specifi c period in the specified area for sea ranching or any other such stock enhancement activity.

Rule 16. Regulation in 'No fishing Zone'.

(1)     The Government shall by notification declare, revise, modify 'No fishing zone' along the whole or part of the coast line of the State.

(2)     No fishing vessel shall enter or carryout fishing in a radius of 500 meters around the atomic installations including the in-take structure and other structures, which are part and parcel of the atomic installations, in the coastal areas of the State.

(3)     In case the unit of the Central Industrial Security Force or Marine Police or any other such law enforcing agency on patrolling duty notice the entry or fishing operation by any fishing vessel in the "No Fishing Zone" shall report the same to the authorized officer and such vessel at sea or on return to the shore as the case may be shall be seized and impounded by the authorized officer.

Rule 17. Regulation on use of gear.

(1)     (a) No owner or master of a fishing vessel shall use or cause or allow to be used any fishing vessel for fishing juveniles and small sized fishes below such legal size of fish to be caught as may be declared by the authorized officer or by the Government.

(b) The legal size of any fish species to be caught shall by a notification declared by the authorized officer having jurisdiction over the area or by the Government:

Provided that such notification shall be made on sufficient scientific reports.

(c) The authorized officer shall seize such fish landings of juveniles and small sized fishes in the fishing harbour or fish landing centre and impound the fishing vessel which landed such catch.

(2)     No gill net having a stretched mesh size of less than 25 mm shall be used.

(3)     No shrimp trawl net having a stretched mesh size less than 40 mm at the cod end shall be used.

(4)     No fish trawl nets having a stretched mesh size less than 75 mm at the wings and stretched mesh size less than 40 mm at cod end shall be used.

(5)     No trawl net shall be used without fixing Turtle Excluding Device (TED) before the cod end during the specified period as may be notified by the authorized officer.

(6)     No owner or master of any fishing vessel shall carry on fishing of any fish species declared as protected fish species or living organisms under Wild Life Protection Act, 1972. (CA 53 of 1972).

(7)     No owner or master of any fishing vessel shall carry on fishing by pair trawling or fishing with purse-seine net using any fishing vessel or craft whether country craft or mechanized boat irrespective of their size and power of the engine in the entire coastal area of the State.

(8)     No owner or master of any fishing vessel shall carry on fishing by using dynamites or other form of explosive substances, poison or noxious materials, etc.

(9)     No owner or master of any fishing vessel shall carry onboard the fishing vessel any prohibited gear, dynamites or other form of explosive substances, poison or noxious materials, etc.

(10)   The authorized officer or inspection officer may if he has a reason to believe that any fishing vessel or craft whether country craft or mechanized boat irrespective of their size and power of the engine is being or has been used for fishing using any prohibited gear, dynamites or other form of explosive substances, poison or noxious materials, etc shall enter, search and seize such prohibited fishing gear, explosive substances, the fish catch and impound such fishing vessel.

(11)   The artificial reefs shall be deployed in the specified area for stock enhancement by Government.

(12)   Agencies other than Government shall obtain necessary clearance from the Department of Fisheries for deployment of such artificial reefs in such area. Necessary approval shall also be obtained from the Department of Fisheries for the number, shape and dimensions of such artificial reef.

Rule 18. Close Season.

(1)     The Government shall by notification declare "Close Season" for fishing to regulate, restrict or prohibit the catching in any specified area of such species of fish for such period by such class or classes of fishing vessel as may be specified in the notification.

(2)     The authorized officer shall have the right of prohibiting the catching of any particular species of fish, during any particular season in the whole or part of the area under his jurisdiction as may be notified.

(3)     No such class or classes of fishing vessel shall carry on fishing of such species of fish during such period in such area as may be specified in the notification of close season.

(4)     The authorized officer shall after the issuance of such notification make sufficient publicity of the notification among the fishermen in his area of jurisdiction.

(5)     All such notification shall be displayed in such size and in such place of all Fishing harbour and Fish landing centre as the authorized officer deems fit.

CHAPTER IV

RESOLUTION OF DISPUTES

Rule 19. District level peace committee.

(1)     For resolution of disputes, a District Level Peace Committee shall be constituted with the following members under the chairmanship of District Collector concerned:-

(i)       Concerned Sub-Collector/Revenue Divisional Officer having jurisdiction, over such coastal area.

(ii)      Concerned Deputy Superintendent of Police.

(iii)     Adjudicating officer i.e., Joint Director of Fisheries/Deputy Director of Fisheries.

(iv)    Assistant Director of Fisheries of the District concerned other than the Authorized officer.

(v)      Two Office bearers of the District Association of Fishermen operating Motorized country craft and country craft of the District as may be nominated by the District Collector.

(vi)    Two Office bearers of the District Association of Fishermen operating mechanised fishing vessel of the District as may be nominated by the District Collector.

(vii)   Authorized Officer concerned (Member-Secretary)

(viii)  Any other special invitees as desired by the District Collector.

(ix)    Two Fisheries Advisory Committee Members as may be nominated by the District Collector.

(2)     An agreed resolution made by this committee on any dispute that may arise in the District, shall be binding on all parties of the District concerned. 

CHAPTER V

SEARCH, SEIZURE, IMPOUNDMENT AND DISPOSAL OF FISHING VESSEL, GEAR AND FISH

Rule 20. Impounding and disposal of fishing vessel.

(1)     The authorized officer or inspection officer may if he has reason to seize any fishing vessel under sub-section (1) of Section 15 of the Act, shall direct the owner or master of such fishing vessel to bring it to a place in his jurisdiction as he deems fit, where the fishing vessel shall be impounded by the authorized officer. The owner or master of such fishing vessel shall bring it to a place as directed by the authorized officer or inspection officer.

(2)     The authorized officer shall keep the fishing vessel impounded under section 15, in his jurisdiction and shall inform the owner of such fishing vessel as to the place where the impounded fishing vessel is berthed or anchored. The owner of the impounded fishing vessel shall be liable to pay any expense that may be incurred towards its maintenance.

(3)     The authorized officer shall by an order direct the owner or master of the impounded fishing vessel to provide sufficient watch and ward for the safe keeping of impounded fishing vessel.

(4)     The authorized officer shall make a report thereof to the adjudicating officer on the impounding of such fishing vessel.

(5)     (a) If no claim is made by any person in respect of any seized fishing vessel within a period of six months from the date of seizure of the fishing vessel, the authorized officer shall declare such fishing vessel as abandoned.

(b) The authorized officer shall make a report thereof to the adjudicating officer on such fishing vessel declared as abandoned.

(c) The authorized officer shall dispose such abandoned fishing vessel in public auction or shall destroy it upon the orders of the adjudicating officer in the presence of Panel of Members as provided in the Section 15 and 18 of the Act.

(d) The sale proceeds if any shall be deposited under Revenue Deposit in the office of the adjudicating officer.

Rule 21. Seizure and disposal of fishing vessel/gear.

(1)     In case of seizure of any fishing vessel under sub-section (1) of section 15 or gear under sub-section (2) of section 15 of the Act, the inspection officer, shall prepare a seizure Mahazar in Form-XIV in triplicate and get it acknowledged by the owner or master or any of the crew present at the time of seizure of such fishing vessel or gear.

Provided that the owner or master or any of the crew refuse to acknowledge the seizure Mahazar, the inspection officer shall get it acknowledged by any other person present there or shall record the refusal to acknowledge.

(2)     The authorized officer shall submit the seizure mahazar along with a report thereof to the adjudicating officer within 48 hrs of seizure.

(3)     The authorized officer shall dispose such fishing vessel in public auction or shall destroy such prohibited fishing gear beyond use as may be adjudged by adjudicating officer or by the competent authority in the presence of Panel of Members as provided in the sections 15 and 18 of the Act.

Rule 22. Disposal of Seized fish.

(1)     In case of seizure of any fish under sub-section (1) of section 15 of the Act, the inspection officer, shall prepare a seizure Mahazar of fish in Form-XIV in triplicate and get it acknowledged by the owner or master or any of the crew present at the time of seizure of such fishing vessel or gear:

Provided that the owner or master or any of the crew refuse to acknowledge the seizure mahazar, the inspection officer shall get it acknowledged by any other person present there or shall record the refusal to acknowledge.

(2)     If the authorized officer is of the opinion that the disposal of seized fish is necessary, he may dispose of such fish in public auction and deposit the sale proceeds under Revenue Deposit in the office of the adjudicating officer.

 

(3)     The authorized officer shall submit the seizure mahazar of fish, deposit the sale proceeds along with a report thereof to the adjudicating officer within 48 hrs of disposal of seized fish.

CHAPTER VI

REGISTRATION OF FISHING BOAT BUILDING YARD, FISHING NET MANUFACTURING UNIT OR SUPPLYING UNIT

Rule 23. Registration of Fishing Boat building yard, Fishing net manufacturing unit or supplying unit.

(1)     Every application for registration of Boat building yard, Fishing net manufacturing unit or supply unit under section 10-A shall be made by the owner thereof to the authorized officer in Form-XIX obtainable from the office of the authorized officer or can be download from the designated website.

(2)     Every application for registration of Boat building yard, fishing net manufacturing unit or supplying unit shall be accompanied by such registration fee as specified in Schedule-VIII :

Provided that the registration fee shall be revised or modified by the Government by notification from time to time.

(3)     The authorized officer, on receipt of application under sub-rule (1) of rule 23, shall by an order in writing, cause the Boat building yard, fish net manufacturing unit or supplying unit to be inspected by the inspection officer.

(4)     The inspection officer shall inspect the Boat building yard, Fishing net manufacturing unit or supplying unit to ensure the compliance to the requirements of the Act and rules in particular as specified in schedule-IX and issue a Certificate of inspection of boat building yard, fish net manufacturing unit or supplying unit in Form-XX.

(5)     The authorized officer on receipt of the Certificate of Inspection, being satisfied that the Boat building yard, Fishing net manufacturing unit or supplying unit has complied with the provisions of the Act and the foregoing rules, shall register the Boat building yard, Fishing net manufacturing unit or supplying unit;

Provided that the authorized officer may for sufficient reasons to be recorded in writing, reject the application for registration and communicate his decision to the owner of the fishing boat building yard or fish net manufacturing unit or supplying unit, under intimation to the adjudicating officer and appellate authority.

(6)     Such registration or refusal, as the case may be, shall be made within a period of sixty days from the date of receipt of application for registration.

(7)     The Certificate of registration issued under sub-section (7) of section 10-A of the Act shall be in Form-XXI. The counterfoil of such Certificate of registration shall be maintained in the office of the authorized officer in the form of a hard bound register. The applicant shall acknowledge the receipt of Certificate of registration in the counterfoil of such Certificate to be maintained in the office of the authorized officer.

(8)     All the Boat manufacturers shall furnish a Certificate to the effect that the boats are built as per the approved type design and are seaworthy. In case of fishing vessel of Overall Length equal to and above 15 meter, shall provide safety booklet which include stability test parameter.

(9)     All the fishing net manufacturers or suppliers in the State already registered with the Director of Industries and Commerce before the commencement of Tamil Nadu Marine Fishing Regulation (Amendment) Act, 2016 shall also be registered under this Act.

(10)   All the registered fishing net manufacturers or suppliers shall manufacture and abide by the conditions specified in Schedule-IX for quality and mesh size of fishing net.

(11)   The Certificate of registration issued under this rule is valid for a period of five years and shall be revalidated after the expiry of validity of registration.

Rule 24. Revalidation of Registration of Boat Building Yards, Fish net manufacturing units and Supplying units.

(1)     A Certificate of registration of boat building yards, fishing net manufacturing unit or supplying unit; issued under sub-section (7) of Section 10-A of the Act, shall be revalidated with the same registration number after the period of validity.

(2)     Every application for revalidation of registration of boat building yard, fishing net manufacturing unit or supplying unit shall be made by the owner thereof to the authorized officer in Form-XIX obtainable from the office of the authorized officer or from the designated website.

(3)     Every application for revalidation under sub-rule (1) shall be accompanied with such fees as prescribed in Schedule VIII.

(4)     The authorized officer, on receipt of application under sub-rule (1), shall by an order in writing, cause such unit to be inspected by the inspection officer.

(5)     The inspection officer shall inspect such units to ensure the compliance to the requirements of the Act and Rules and issue a Certificate of inspection of boat building yards, fishing net manufacturing unit and supplying unit in Form- XX.

(6)     (a) The authorized officer on receipt of the Certificate of Inspection, being satisfied that such unit has complied with the provisions of the Act and the foregoing rules, shall revalidate the registration of such units:

Provided that the authorized officer may for sufficient reasons to be recorded in writing, reject the application for revalidation and communicate his decision to the owner of such unit under intimation to the adjudicating officer and appellate authority.

(b) Such revalidation or rejection, as the case may be shall be made within a period of sixty days from the date of receipt of application for revalidation.

(c) If no revalidation or rejection is made within the period of sixty days, the registration of such unit shall be deemed to have been revalidated on expiry of the said period of sixty days.

(7)     The authorized officer being satisfied shall affix a stamp of revalidation which shall be valid for a maximum period of five years as he deems fit.

(8)     In case the owner of a registered boat building unit, fishing net manufacturing unit, supplying unit fails to revalidate the registration of such unit on expiry of such period of validity of registration, he shall be liable to pay 50% in addition to the prescribed fees for revalidation of applicable fees for revalidation as specified in the Schedule-VIII as penalty for first thirty days from the succeeding day of expiry of validity of registration Rs. 10/-(Rupees ten) per day till the registration is revalidated.

(9)     The registration of such units not revalidated within a period of ninety days from the date of expiry of validity of such registration shall be deemed to be cancelled.

Rule 25. Issue of duplicate Certificate of registration of boat building yards, fishing net manufacturing units or supplying units.

(1)     The loss, damage or mutilation, as the case may be of the Certificate of registration of a boat building yard, fishing net manufacturing unit or supplying unit shall be reported forthwith, by the owner of such unit to the Police Authority concerned.

(2)     The application for issue duplicate Certificate of registration of boat building yard, fishing net manufacturing unit or supplying unit shall be made by the owner of such unit in Form-XII and shall be accompanied with a Non-traceable Certificate issued by the Police Authority concerned.

(3)     The authorized officer shall issue a duplicate Certificate of registration of such unit to the owner of such unit after duly verifying the facts and documentary evidence if any and satisfying himself as to the genuineness of the application. Duplicate Certificate of registration of boat building yard, fishing net manufacturing unit or supplying unit shall be issued on payment of a fee specified in Schedule-VIII.

Rule 26. Cancellation or suspension of Registration of fishing boat building yard, fishing net manufacturing unit or supplying unit.

(1)     The authorized officer, if satisfied either on a reference made to him in this behalf or otherwise, that:-

(a)      a Certificate of registration issued under sub-section (7) of section 10-A of the Act has been obtained by misrepresentation as to an essential fact, shall cancel or suspend the Certificate of registration.

(b)      the holder of the Certificate of registration issued under sub-section (7) of section 10-A of the Act has without reasonable cause failed to comply with the conditions subject to which the certification of registration has been granted or has contravened any of the provisions of the Act or rule made there under, shall cancel or suspend the Certificate of registration of such units.

(c)      the Fishing boat building yard, fishing net manufacturing unit or supplying unit damaged due to fire accident or any other cause to the extent that the unit is not deemed fit for the purpose for which registration is granted, shall cancel the Certificate of registration of such units.

(2)     The authorized officer shall give the owner of the Fishing boat building yard, fishing net manufacturing unit or supplier unit, a reasonable opportunity of showing cause for cancellation or suspension of Certificate of registration of such units.

CHAPTER VII

INSPECTION OFFICER

Rule 27. Inspection Officer.

(1)     Any officer of the Fisheries Department not below the rank of Sub-Inspector of Fisheries working under the administrative control of an authorized officer, authorized by an order to exercise the powers conferred on, and discharge the duties imposed upon the Inspection officer under the Act.

(2)     The inspection officer shall ensure that all the fishing vessels are equipped with prescribed sea safety, surveillance and communication systems for a registered fishing vessel as specified in Schedule-IV.

(3)     The inspection officer shall ensure that all registered fishing vessels have adopted prescribed colour code as specified in Schedule-III.

(4)     The inspection officer, in case of finding any defect in the hull, machinery, equipments, rigging, etc., of any fishing vessel, shall inform to the owner or master of such fishing vessel in Form-XXII pointing out the defect and the repairs necessary to make them good.

(5)     The inspection officer, in case of inspection of any mechanized fishing vessel or deep sea fishing vessel, shall ensure that:

(a)      the vessel has a stability booklet duly assessed by the qualified naval architect.

(b)      the hull, machinery, anchors, chains, mooring ropes and equipments are sufficient for the intended purpose and are efficient;

(c)      openings in hull and superstructure have efficient means of closing and are in all respects satisfactory for the intended purpose;

(d)      all openings that are leading to the compartments below main deck as the ventilators, air pipes, drain pipes, discharges and other sea connections are adequate and efficient;

(e)      bulwarks on weather deck are efficient and have sufficient freeing ports;

(f)       the main and auxiliary machinery essential for the propulsion and safety is provided with effective means of control;

(g)      it has sufficient power for going astern to secure proper control of the vessel in all normal circumstances;

(h)     the arrangements for fuel oil, lubricating oil and other flammable oil are such as to ensure safety commensurate with the size and intended purpose of such vessel:

(i)       adequate bilge pumping arrangements are provided,

(j)       the main and emergency steering gear is adequate and sufficient for the intended purpose;

(k)      the electrical systems are fitted with adequate precautions against shock, fire and other hazards of electrical origin.

(6)     The Inspection officer, in case of inspection of a motorized country craft and country craft, shall ensure that:

(a)      it is staunch and tight and strong enough for the intended purpose;

(b)      joints in planking are in good condition and properly caulked;

(c)      in case of decked vessel, the deck planking is in good condition and properly caulked and effective means of battening down the hatches are provided;

(d)      sails are strong and durable and in good condition and of sufficient area to enable efficient navigation under sails alone;

(e)      all blocks, pulleys and ropes are in good condition and of sufficient strength;

(f)       the anchors, chains, mooring ropes are sufficient and efficient;

(g)      the rudder and tiller arm are efficient and in good condition.

CHAPTER VIII

Rule 28. Enquiry procedure to be followed by adjudicating officer.

The adjudicating officer shall hold an enquiry into the matters mentioned in the report of the authorized officer under section 17 of the Act as in the manner provided for the conduct of cases in summary manner under the Code of Civil Procedure, 1908 (Central Act V of 1908).

CHAPTER IX

APPEALS

Rule 29. Procedure for presentation of appeals.

(1)     An appeal to the Appellate authority shall be preferred by a person aggrieved against an order of the adjudicating officer either in person during the office hours or sent by the registered post.

 

CHAPTER X

FISHING HARBOUR MANAGEMENT

Rule 30. District Level Management Advisory Committee (DLMAC).

The District Level Management Advisory Committee (DLMAC) shall exercise the powers and discharge the duties imposed upon the District Level Management Advisory Committee under the Act.

Rule 31. Composition of the District Level Management Advisory Committee (DLMAC).

The District Level Management Advisory Committee shall consist of the following members:-

Rule 32. Functions of District Level Management Advisory Committee (DLMAC).

(1)     The District Level Management Advisory Committee shall have the following functions:-

 

(a)      to ensure management operation and maintenance of fishing harbour/fish landing center to the international operational standards.

 

(b)      to device management advisory at district level for different fishing harbour terminals.

 

(c)      to revise the financial authority of Fishing Harbour Management Committee.

 

(d)      to ensure regular and periodic upkeep of various fishing harbour/fish landing center facilities.

 

(e)      to devise affordable user charges.

 

(f)       to ensure better price realization to stakeholders

 

(g)      such other functions as may be assigned by the Government.

Rule 33. Fishing Harbour Management Committee (FHMC).

(1)     The Fishing Harbour Management Committee (FHMC) shall exercise the powers and discharge the duties imposed upon the Fishing harbour management committee under the Act.

 

(2)     Fishing Harbour Management committee shall be registered under the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975).

 

(3)     They shall maintain records and registers as required under the Tamil Nadu Societies Registration Act, 1975 and the Rules made there under.

Rule 34. Composition of Fishing Harbour Management Committee (FHMC).

(1)     The Fishing Harbour Management Committee shall consist of the following members:-

Rule 35. Functions of Fishing Harbour Management Committee (FHMC).

(1)     The Fishing Harbour Management Committee shall have the following functions:-

 

(a)      to conserve, regulate and control fishing harbour or fish landing center.

 

(b)      to maintain and manage the facilities of fishing harbour or fish landing center.

 

(c)      to purchase tools and machineries required for the maintenance and upkeep of the fishing harbour or fish landing center subject to a maximum of Rs. 50000/- (Rupees Fifty Thousand only). Any amount exceeding the above shall be approved in advance by District Level Management Advisory Committee.

 

(d)      to implement safety measures for arrival and departure of vessels and shore installations within the fishing harbour or fish landing center.

 

(e)      to provide quick and hygienic handling of fish within the fishing harbour or fish landing center.

 

(f)       to execute all works including restoration works after a disaster.

 

(g)      to create facilities that can add value to fishing harbour or fish landing center.

 

(h)     to collect user fees for facilities provided by the fishing harbour or fish landing center and to deposited in the designated bank account within 48 hrs of collection.

 

(i)       to provide proper receipt while collecting the charges or user fees. The counterfoil of such receipt shall be submitted for audit purpose.

 

(j)       to do such other functions as are necessary for efficient discharge of functions to the fishing harbour or fish landing center.

 

(k)      to collect and maintain statistics relating to fishing vessels, fish catches, prices of different fish catches on a daily basis, etc.

 

(l)       any dispute in the management of fishing harbor or fish landing centre shall be resolved by District Level Management Advisory Committee. The decision of District Level Management Advisory Committee shall be final and binding on all parties concerned.

 

(m)    such other functions as may be assigned by the District Level Management Advisory Committee or by the Government.

Rule 36. Meetings of the District Level Management Advisory Committee and Fishing Harbour Management Committee.

(1)     The District Level Management Advisory Committee shall meet once in six months ordinarily at the office of the Chairman of District Level Management Advisory Committee or at such other places as may be decided by the Chairman:

Provided that special meeting may be held if it is so required as may be decided by the Chairman.

(2)     The Fishing Harbour Management Committee shall meet every month ordinarily at the office of the Fishing Harbour Management Committee or at such other places as the Chairman may decide;

Provided that special meeting may be held if it is so required and decided by the Chairman.

(3)     The Chairman or in his absence, any member chosen by the members present among themselves, shall preside at a meeting of the District Level Management Advisory Committee or Fishing Harbour Management Committee.

 

(4)     If any member, being an officer of the State/Central Government is unable to attend any meeting of the District Level Management Advisory Committee or Fishing Harbour Management Committee, he may under intimation to the Chairman, authorize his immediate subordinate officer in writing to do so.

 

(5)     All resolutions at a meeting of the District Level Management Advisory Committee or Fishing Harbour Management Committee shall be decided by consensus among the members.

 

(6)     The quorum for a meeting shall be 1/3rd of the members.

 

(7)     If there is no quorum for the meeting, the meeting shall be adjourned and reconvened at a date not later than seven days after the original scheduled meeting date.

Rule 37. Accounts and Audit.

(1)     The Fishing Harbour Management Committee shall maintain a true and proper books of accounts and other relevant records as prescribed under the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975) and Rules made there under.

 

(2)     The accounts of the Fishing Harbour Management Committee shall be audited annually as per the Tamil Nadu Societies Registration Act, 1975 and shall be forwarded annually to the District Level Management Advisory Committee.

 

(3)     The violation or offences shall be dealt as per the provisions in Tamil Nadu Societies Registration Act, 1975.

Rule 38. Annual Report.

The Fishing Harbour Management Committee shall prepare an annual report of its activities every year and submit to the State Government.

CHAPTER XI

MISCELLANEOUS

Rule 39. Fees for supply of copies of documents or orders.

Every application for the copy of a document or order passed under the Act or these rules shall be accompanied such charges as mentioned below;

(i)       rupees two for each page (in A-4 or A-3 size paper)

(ii)      actual charge or cost price of a copy in larger size paper.

Rule 40. Savings.

Notwithstanding anything contained in these rules all orders, directions, instructions issued by the Government, Department of Fisheries, under the Tamil Nadu Marine Fishing Regulation Rules, 1983, shall in so far as it is not inconsistent with the provisions of these rules be deemed to have been issued or made under these rules.

APPENDIX

SCHEDULE I

FEES PAYABLE FOR REGISTRATION, REVALIDATION AND CHANGE IN REGISTRATION OF FISHING VESSEL

(see sub rule 2(b) of rule-3, sub-rule (2) of rule 4, sub-rule (1)(b) of rule 5 and sub-rule (5)(c) of rule 5)

SCHEDULE II

DISPLAY OF THE REGISTRATION MARK IN A REGISTERED FISHING VESSELS

(See sub-rule (8) of rule 3)

SCHEDULE III

PRESCRIBED COLOUR CODE FOR REGISTERED FISHING VESSELS

(See sub-rule (8) of rule 3, sub-rule (9) of rule 3 and sub-rule (3) of rule 25)

SCHEDULE IV

PRESCRIBED SEA SAFETY, SURVEILLANCE AND COMMUNICATION SYSTEMS FOR A REGISTERED FISHING VESSEL

(See sub-rule (4) and (10) of rule 3, sub-rule (1)(d) of rule 5 and sub-rule (2) of rule-25)

SCHEDULE V

FEES PAYABLE FOR FISHING LICENCE AND RENEWAL OF FISHING LICENCE

(See sub-rule (1) of rule 8)

SCHEDULE VI

FEES PAYABLE FOR DUPLICATE REGISTRATION CERTIFICATE AND LICENCE

(See sub-rule (3) of rule 10 and Sub-rule (3) of rule 13)

SCHEDULE VII

FEES PAYABLE FOR DRIVING LICENCE/RENEWAL OF DRIVING LINCENE/DUPLICATE DRIVING LICENCE TO DRIVE MECHANISED FISHING VESSEL

(See sub-rule (3) of rule-11, sub-rule (3) of rule 12 and sub-rule (3) of rule 13)

SCHEDULE VIII

FEES PAYABLE FOR REGISTRATION, REVALIDATION AND DUPLICATE REGISTRATION CERTIFICATE FOR BOAT BUILDING YARDS, FISHING NET MANUFACTURING UNIT, FISHING NET SUPPLYING UNIT

(See sub-rule (2) of rule-23 and sub-rule (3) of rule 24)

SCHEDULE IX

PRESCRIBED ELIGIBLE CRITERIA FOR REGISTRATION OF FISHING BOAT BUILDING YARD, FISHING NET MANUFACTURER/SUPPLIER UNITS

(See sub-rule(4) and (10) of rule-23)

FORM I

APPLICATION FOR REGISTRATION/REVALIDATION OF REGISTRATION/TRANSFER OF OWNERSHIP BY WAY OF SALE OF FISHING VESSEL (Transfer of

Registry)

(See sub-rule (1) of rule 3 and sub-rule (1)(a) of rule 5)

To

The Authorised Officer,

Sir,

I/We______________ of__________________ being the owner of fishing Boat called the_________________ hereby request that the said fishing boat be registered/Revalidated/Transfer in my/our name/s and a Certificate be issued to me/us.

2. Details of Owner(s) of the said fishing boat are as follows:

3. Details of New Owner(s) of the said fishing boat are as follows:

 

 

 

i.         Builders certificate (For new registration)

 

ii.        Bill of sale if purchased along with previous Certificate of Registration (For change of ownership) iii. Original Registration Certificate (For renewal of fishing vessel)

13. I/We request that a name for the fishing vessel be approved from the following

i.         __________________

 

ii.        __________________

 

iii.       __________________

I/We, ____________________________hereby declare that the information furnished above are true to the best of my knowledge and belief.

Place:

Date:

Signature/Thumb-impression of the applicant

FORM II

CERTIFICATE OF INSPECTION

(See sub-rule (4) of rule 3, sub-rule (1)(d) of rule-5 and sub-rule (4) of rule 8)

1.        This to certify that:-

 

(a)      the below mentioned fishing boat has been duly inspected in accordance with the provisions of the Tamil Nadu Marine Fishing Regulation Rules, 2020.

(b)      the vessel measures __________________meters in length and_______________ meter in width.

 

(c)      the particulars of engines/auxiliary engine as supplied by manufactures/owners are:

(d)      the life saving appliance are provided for a total number of_____________ persons viz :-

(a) _________________________ lifejackets;

(b) _________________________lifebuoys;

(e)      the vessel has been painted in accordance with the existing colour code prescribed by the Government.

 

(f)       the inspection showed that the fishing boat's hull, machinery, rigging, life saving appliances, fire appliances and other equipments are in good condition and that it is provided with navigation lights and shapes, and means of making sound signals and distress signals in accordance with the provisions of the Regulations for the Prevention of Collisions at Sea.

 

(g)      the vessel has the following communication/Vessel Monitoring System/Vessel Tracking System

(a)

(b)

2.        Date on which the fishing boat was inspected in dry-dock/or yard:___________

 

3.        This certificate of inspection is valid for six months only

Signature of the Inspecting Officer

FORM III

CERTIFICATE OF REGISTRATION OF FISHING VESSEL

(See sub-rule (6) of rule 3)

1.        Name of Fishing boat

 

2.        Registration Number and Date

 

3.        Call sign (Where applicable)

 

4.        Port and District where registered

 

 

Place:

Date:

Signature and seal of Registering Authority

Conditions of the Certificate of Registration

1.        Any change in the fishing boat's name, other markings, layout, design, capacity of the vessel should be affected only with the prior approval of the registration authority

 

2.        The certificate must be produced while inspection on demand by any authorized person.

 

3.        In case the vessel is lost, broken up or rendered unfit for service, this certificate should be surrendered to the registrar of the fishing boat.

FORM IV

APPLICATION FOR CHANGE OF NOTIFIED PLACE OF BERTHING OR ANCHORING

(See sub-rule (1) of rule 4)

Signature/Thumb impression of the applicant

FORM V

APPLICATION FOR TRANSFER OF OWNERSHIP BY OPERATION OF LAW

(See sub-rule (2) (a) of rule 5)

To

The Authorised Officer,

Sir,

I/We, the legal heirs of___________________________(Name) the owner of the Fishing vessel called __________________________Registration No. _________________________Fishing Licence No.______________ hereby inform that_______________________(Name) has been missing since_______(date, month, year)/died on_______(date, month, year)/is under incapacity.

I/We therefore request that ownership of the above mentioned fishing vessel may kindly be registered in my/our name (s).

The existing Certificate of Registration and the attested copy of death/incapacity/legal heir certificate/No objection certificate from the other legal heirs is enclosed herewith.

(1)      Non-Traceable Certificate in case of missing person for a minimum period of two years.

(3)      Death Certificate

(4)      Incapacitated Certificate

(5)      Legal Heir/Family Member Certificates as the case may be.

(6)      No objection Certificate from the other legal heirs.

Place :______________

Date :______________

Signature/Thumb impression of the applicant

FORM VI

APPLICATION FOR TRANSFER OF OWNERSHIP OF FISHING VESSEL OWNED BY MINORS

(See sub-rule (3)(a) of rule 5)

To

The Authorised Officer,

___________________________

Sir,

I/We, the registered owner of the Fishing vessel called __________________________ Registration No. _________________________, hereby inform that I/We have attained the age of majority.

I/We therefore request that the ownership of the above said fishing vessel be transferred in my/our name and remove the Guardian Name.

The existing Certificate of Registration in original is enclosed herewith.

Place : ______________

Date : ______________

Signature/Thumb impression of the applicant

FORM VII

APPLICATION FOR REGISTRATION OF ALTERATIONS

(See sub-rule (5)(a) of rule 5)

To

The Authorised Officer,

_________________________________________

Sir,

I/We, the undersigned being the owners of the Fishing vessel called __________________________ Registration No. _________________________ hereby report that the following alterations have been carried out to the fishing vessel on ____________ (Date, Month, Year).

1.        ________________________________________________

2.        ________________________________________________

3.        ________________________________________________

4.        ________________________________________________

5.        ________________________________________________

I submit that the above alterations materially affect/does not affect the dimensions of the boat.

I/We therefore request that these alterations may kindly be registered and a fresh Certificate of Registration be issued on payment of the prescribed fee.

The fishing vessel existing Certificate of Registration in original is enclosed herewith.

Signature/Thumb impression of the applicant

FORM VIII

PROVISIONAL CERTIFICATE OF REGISTRATION

(See sub-rule (1) of rule 6)

This is to certify that Fishing Vessel ______________________ is provided with a Provisional Registration No. ___________________ belonging to Thiru./Tmt/________________________________________ S/o/W/o ________________________________ is hereby permitted to ply pending issue of Certificate of Registration.

This Provisional Certificate shall remain in force for a period of sixty days or until the Fishing Vessel is granted a Certificate of Registration whichever is earlier.

Place of Registration : ________________________________________

Date of issue : ________________________________________

Place:

Date:

Signature and seal of Registering Authority

FORM IX (A) (A)

APPLICATION FOR MAKING AN ENTRY OF AN AGREEMENT OF MORTGAGE/HYPOTHECATION OF FISHING VESSEL

(See sub-rule (1) of rule 7)

(To be made in Triplicate, the duplicate copy with the endorsement of the Authorised officer to be returned to the Owner/Financier on making the entry in the Certificate of registration)

To

The Registering Authority,

_______________________ .

The fishing vessel called ______________ registration number ____________________ is the subject of an agreement of mortgage/hypothecation between ___________________ the registered owner/person to be registered as owner and ____________________ (Name and address of the financier).

We request that an entry of the agreement to be made in the Certificate of registration and the relevant records in your office. The Certificate of registration is enclosed.

Place:

Date:

Signature/Thumb impression of the applicant

Signature of financier

FORM IX (B)

APPLICATION FOR MAKING AN ENTRY OF TERMINATION OF AN AGREEMENT OF MORTGAGE/HYPOTHECATION OF FISHING VESSEL

(See sub-rule (3) of rule 7)

(To be made in triplicate, the duplicate copy with the endorsement of the Authorised officer to be returned to the Owner/Financier on making the entry in the Certificate of registration)

To

The Registering Authority,

_______________________ .

We hereby declare that the agreement of mortgage/hypothecation entered into between us has been terminated.

We, therefore, request that the note endorsed in the Certificate of Registration of the fishing vessel called ______________registration number ____________________ in respect of the said agreement between us be cancelled.

The Certificate of Registration is enclosed.

Place:

Date:

Signature/Thumb impression of the applicant

Place:

Date:

Signature of financier

FORM X

APPLICATION FOR GRANT/RENEWAL OF LICENCE FOR FISHING IN THE SPECIFIED AREA

(See sub - rule (1) of rule 8)

*Two Passport size photos to be attached

To

The Authorised Officer,

____________________ .

Sir,

I/We ______________ of __________________ being the owner of fishing Boat called the _________________hereby apply for grant/renewal of fishing licence. Necessary particulars for this purpose are furnished below:

The Certificate of Registration and Insurance policy in respect of the fishing vessel referred to in item (5) and (13) of application form are also submitted herewith for verification and return thereafter.

I/we, hereby, declare that I/we shall not engage or carry or allow to be engaged or carried on board any fishermen or crew unless the said fishermen or crew is covered by adequate Life insurance/insurance against professional hazards.

I/we, hereby, further declare that I/we shall renew insurance coverage for the fishing vessel before expiration of the last date stated in item No. 16(e) of the application form failing which fishing licence granted in terms of this application shall stand automatically cancelled.

I, ________________ hereby declare that the information furnished above are true to the best of my knowledge and belief.

Place:

Date:

Signature/Thumb-impression of the applicant

FORM XI

CERTIFICATE OF LICENCE FOR FISHING IN THE SEA

(See sub-rule (6) of rule 8)

 

Place:

Date:

Signature and seal of Registering Authority

Conditions of the Licence

1.        Any change in fishing boats name other markings design capacity of the vessel should be effected only with the prior approval of the registering authority.

FORM XII

APPLICATION FORM FOR ISSUE OF DUPLICATE CERTIFICATE OF REGISTRATION OF A FISHING VESSEL OR LICENCE FOR FISHING OR CERTIFICATE OF REGISTRATION OF A BOAT BUILDING YARD/FISHING NET MANUFACTURING UNIT/SUPPLYING UNIT

(See sub-rule (2) and (3) of rule 10, sub-rule (2) of rule 25)

 

5. Reason for applying for the issue of duplicate licence or registration Certificate

6. Period of validity for original:

7. Details of the fee paid-

I, ______________________ hereby declare that the information furnished above are true to the best of my knowledge and belief. I agree to obey the orders of the authorised officer and abide by the provisions of the Tamil Nadu Marine Fishing Regulation Act, 1983.

I also agree to return the duplicate licence/Certificate of registration if the original is traced.

Place:

Date:

Signature/Thumb impression of the applicant.

FORM XIII

RETURNS TO BE MADE BY OWNERS OF REGISTERED FISHING VESSELS

(See sub-rule (2) of rule 14)

I, ________________________ hereby declare that the particulars furnished above are true to the best of my knowledge and belief.

Place:

Date:

Signature of the owner of the vessel

FORM XIV

FORMAT OF SEIZURE MAHAZAR

(See sub-rule (1) of rule 21 and sub-rule (1) of rule 22)

In exercise of powers conferred under section 15 of the Tamil Nadu Marine Fishing Regulation Act, 1983 read with sub-rule ___________ of rule __________, I Thiru/Tmt. ____________________, Inspection Officer authorised by an Order No. _____________ dated ___________, by the Authorised Officer of _____________ jurisdiction, hereby seize the following items on _______________ at ______________ from Tmt./Thiru ________________, owner of fishing vessel registration No. _________________ and fishing licence no. _______________________ :

Place:

Signature of Inspection Officer

(Name, seal and date)

Witness:

1.        Name, Address and Signature

 

2.        Name, Address and Signature

Copy submitted to Authorised/Adjudicating Officer, __________________ jurisdiction.

Copy of Seizure list handed over to Shri __________________, Owner/Crew Member/Fishermen of the seized item

Received copy

Signature of Owner/Crew Member/Fishermen (Name, Address and Date)

FORM XV

"This content is in vernacular language. Kindly email us at info@legitquest.com for this content."

 

FORM XVI

APPLICATION FOR THE RENEWAL OF DRIVING LICENCE/ISSUE OF DUPLICATE DRIVING LICENCE TO DRIVE A

MECHANISED FISHING VESSEL

(See sub-rule (2) of rule 12 and sub-rule (2) of rule 13)

To

The Authorised Officer,

..............

..............

Space for Passport size Photograph

I, Thiru/Thirumathi/Selvi ............................ son/wife/daughter of Thiru ........................................ hereby apply for the renewal of my driving licence which is attached/Duplicate/Driving licence and particulars of which are as follows: -

1.        Number of the Driving Licence :

 

2.        Date of issue :

 

3.        Licensing Authority by which the licence was issued :

 

4.        Licensing Authority by which the licence was last renewed : Number and date of renewal :

 

5.        Date of expiry of licence to drive a mechanised fishing vessel :

If the licence is not attached, reasons why it is not available? : ......................................

If the licence was not renewed within thirty days of date of expiry, reasons for delay : ......................................

I have not been disqualified for holding or obtaining a driving licence. My licence has not been revoked.

I enclose a Medical Certificate Form- 1A

I enclose three copies of my recent photographs (Passport size photograph)

I have paid the renewal of driving licence/duplicate driving licence fee for Rs.. .................................

I have enclosed the Non Traceable Certificate issued by the Police Dept.(for Duplicate driving licence) I hereby declare that to the best of my knowledge and belief the particulars given above are true

Signature or thumb impression of the applicant

Date:

Name :

FORM XVII

DRIVING LICENCE TO DRIVE A MECHANISED FISHING VESSEL

(See sub-rule (8) of rule 11)

Holders signature Issuing Authority/Authorised Officer

FORM XVIII

APPLICATION FORM FOR REGISTRATION OR REVALIDATION OF REGISTRATION OF FISHING BOAT BUILDING YARD, FISHING NET MANUFACTURING UNIT/SUPPLYING UNIT.

(See sub-rule (1) of rule 23)

To

The Authorised Officer,

____________________ .

Sir,

I/We the undersigned being the owner/partners of the firm hereby apply for registration of the said firm. Necessary particulars for this purpose are furnished below:

1. Name of the firm

: _________

2. Details of Owner(s) of the firm :

3. Type of firm : _________ (Boat building yard, fishing net manufacturer/supplier, etc.)

4. Principal place of business : _________

5. Start of business : _________

6. Other places of business : _________

I/We do here declare that the above statement is true and correct to the best of my knowledge and belief.

Place:

Date:

Signature/Thumb impression of the owner (s)

FORM XIX

CERTIFICATE OF INSPECTION OF FISHING BOAT BUILDING YARD, FISHING NET MANUFACTURING/SUPPLYING UNIT

(See sub-rule (4) of rule 23, sub-rule (5) of rule 24)

Signature of the Inspection Officer

FORM XX

Certificate of Registration

(FISHING BOAT BUILDING YARD, FISHING NET MANUFACTURING/SUPPLYING UNIT)

(See sub-rule (7) of rule 23)

I hereby certify that ________________________________________ (Name of the Firm) is registered as__________________________________ (Type of firm) on this ________________ day of ___________________(Month) ___________________ (Year) under section 10-A of the Tamil Nadu Marine Fishing Regulation Act, 1983. The GST number of the firm is ______________________

Registration number

TN - District Code - Type of Firm - No.

Dated ____ day of ______ (month) ______ (Year)

Signature and seal of Registering Authority

Mailing address as per record available in the office:-

Name of the Owner:

Address:

Note: FBBY- Fishing Boat Building Yard; FNM- Fishing Net Manufacture: FNS- Fishing Net Supplier

FORM XXI

DEFECT LIST

(See sub-rule (4) of rule 27)

To

The Owner(s),

Fishing Vessel ________________ (Name)

Registration No. _______________

Registered with Authorised officer _________________

Sir/Madam,

I have inspected the above fishing Vessel in accordance with the Tamil Nadu Marine Fishing regulation Act, 1983 and following repairs are required to make good the defects :-

Inspection Officer with seal

Dated _____________ at ______________

 

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TAMIL NADU MARINE FISHING REGULATION RULES, 2020

PREAMBLE

In exercise of the powers conferred by Section 26 of the Tamil Nadu Marine Fishing Regulation Act, 1983 (Tamil Nadu Act 8 of 1983) and in supersession of the Tamil Nadu Marine Fishing Regulation Rules, 1983, the Governor of Tamil Nadu, hereby makes the following Rules.

CHAPTER I

PRELIMINARY

Rule 1. Short title.

These rules may be called the Tamil Nadu Marine Fishing Regulation Rules, 2020.

Rule 2. Definitions.

(1)     In these rules, unless the context otherwise requires: -

(a)      "Act" means the Tamil Nadu Marine Fishing Regulation Act, 983 (Tamil Nadu Act 8 of 1983);

(b)      "Close season" means the period during which fishing by any fishing vessel using any fishing gear is totally prohibited by notification under Section 5 of the Act for the purpose of conserving the propagation of fish during the breeding season;

(c)      "Form" means a form appended to these rules;

(d)      "Licence" means a licence granted under Section 7 of the Act;

(e)      "Section" means a section of the Act;

(f)       "Schedule" means a schedule appended to these rules.

(2)     Words and expressions used in these rules, but not defined herein, shall have the meaning respectively signed to them in the Act. 

CHAPTER II

REGISTRATION AND LICENCING OF FISHING VESSELS

Rule 3. Registration of Fishing Vessel.

(1)     Every application for registration of a fishing vessel under Section 10 of he Act or revalidation shall be made by the owner thereof to the authorized officer in Form-I obtainable from the office of the authorized officer or from the designated website.

 

(2)     Every application for registration or revalidation of a fishing vessel shall be accompanied with

 

(a)      A General Arrangement Plan duly certified by a naval architect in the case of vessels except for country craft and proof of ownership of the fishing vessel,

 

(b)      Prescribed fee for registration or revalidation of such fishing vessel as specified in Schedule-I,

 

(c)      In case of revalidation, the Certificate of Registration shall be enclosed in original.

 

(3)     The authorized officer, on receipt of application under sub-rule (1), shall by an order in writing, cause the fishing vessel to be inspected by the inspection officer.

 

(4)     The inspection officer shall inspect the fishing vessel to ensure the compliance to the requirements of the Act and Rules in particular, the sea safety, surveillance and communication requirements as specified in schedule IV appended to these rules and issue a Certificate of inspection in Form-II.

 

(5)     (a) The authorized officer on receipt of the Certificate of Inspection, being satisfied that the fishing vessel has complied with the provisions of the Act and the foregoing rules, shall register such fishing vessel or revalidate the registration of such fishing vessel;

Provided that the authorized officer may for sufficient reasons to be recorded in writing, reject the application for registration or revalidation and communicate his decision to the owner of the fishing vessel under intimation to the adjudicating officer and appellate authority.

(b) Such revalidation or rejection, as the case may be shall be made within a period of sixty days from the date of receipt of application for revalidation.

(c) If no revalidation or rejection is made within the period of sixty days, the registration of such vessel shall be deemed to have been revalidated on expiry of the said period of sixty days.

(6)     The Certificate of registration issued under sub-section (3) of section 10 of the Act shall be in Form III. The counterfoil of the Certificate of registration issued in Form III shall be maintained in the office of the authorized officer in the form of a hard-bound register.

 

(7)     The applicant shall acknowledge the receipt of Certificate of registration in the counterfoil of such certificate to be maintained in the office of the authorized officer.

 

(8)     The registration mark assigned to a fishing vessel by the authorized officer shall be engraved/embossed/welded in the fishing vessel in such a manner as specified in the Schedule-II and such registration mark shall be displayed in such a manner as prescribed in schedule III.

 

(9)     Every registered fishing vessel shall be painted with the colour code as prescribed in Schedule-III.

 

(10)   Every registered fishing vessel shall carry sea safety, surveillance and communication system as specified in Schedule-IV.

 

(11)   The owner or master of a registered fishing vessel shall engage for fishing, persons having Biometric Identity Card and are eighteen years of age and above with sound physical and mental health.

 

(12)   (a) A registered fishing vessel venturing into sea shall carry or safely display the Certificate f registration issued under sub-section (3) of section 10, licence for fishing issued under sub-section (3) of section 7 of the Act in such fishing vessel.

(b) A registered fishing vessel venturing into sea shall carry Fishermen Biometric Identity cards of all the crew members issued by the authorized officer:

Provided that for sufficient reasons in case of non-availability of Fishermen Biometric Identity card, such fishing vessel shall carry temporary fishermen identity card issued by the authorized officer.

(c) All registered fishing vessel shall be covered by a policy of insurance against all marine risks by the owner for a value as may be assessed by the authorized officer and with insurance cover for the life of a minimum number of crew member as deems fit for such fishing vessel by the authorized officer.

(13)   (a) A Certificate of registration issued under sub-section (3) of section 10 of the Act, whether, before or after the commencement of the Tamil Nadu Marine Fishing Regulation (Amendment) Act, 2016 shall be valid only for such life period from the date of issue of such registration and shall be revalidated with the same registration number after such period duly following the procedures laid in this rule.

(b) The life period for fishing vessels in normal case shall be considered as follows:

(c) The authorized officer being satisfied, shall affix a stamp of revalidation which shall be valid for a maximum period of five years as he deems fit.

(d) In case the owner of a registered fishing vessel fails to revalidate the registration of fishing vessel on expiry of such life period, he shall be liable to pay 50% of applicable fees for re-validation as specified in the Schedule-I as penalty for first thirty days from the succeeding day of expiry of life period and Rs. 5 (Rupees five) per day for country craft and motorized country craft, Rs. 10 (Rupees ten) per day for mechanized or deep sea fishing vessel till the registration is revalidated.

(e) If the registration of fishing vessel is not revalidated within a period of ninety days from the date of expiry of life period, registration of such fishing vessel shall be deemed to be cancelled. Such fishing vessel shall be impounded till the revalidation of the registration.

(f) No registration of fishing vessel shall be revalidated, unless such vessel is covered by a policy of insurance as specified in clause (c) of sub-rule 12.

(14)   Registration of a fishing vessel once made under these rules shall continue to remain in force for a period referred to in sub-rule 13 provided that: -

 

(a)      Principal Place of Registry remain unchanged;

 

(b)      the registration is not cancelled or suspended by the authorized officer under sub section 3 of section 9 of the Act.

Rule 4. Change of notified place of berthing or anchoring.

(1)     The owner of a registered fishing vessel desiring to change its notified place of berthing or anchoring for seasonal fishing, shall apply in Form-IV to the authorized officer concerned with No Objection Certificate obtained from the authorized officer having jurisdiction over the place of berthing or anchoring where the fishing vessel intended to be berthed or anchored.

 

(2)     Every application under sub-rule (1) for change of notified place of berthing or anchoring shall be accompanied by such fees as specified in Schedule-I.

 

(3)     The authorized officer being satisfied that the fishing vessel has complied with the provisions of the foregoing rules, shall after making necessary entry in the registry, permit in writing the change of notified place of berthing or anchoring.

 

(4)     The owner of the fishing vessel shall produce the permit along with such fishing vessel to the authorized officer of the place of berthing or anchoring where the fishing vessel intended to be berthed or anchored.

 

(5)     The authorized officer of the place of berthing or anchoring where the fishing vessel intended to be berthed or anchored being satisfied that the fishing vessel has complied with the provisions of the foregoing rules, shall after making necessary entries in the register thereon, permit the fishing vessel in the notified place of berthing or anchoring.

Rule 5. Transfer of ownership or interest therein of a Fishing vessel.

(1)     Transfer of ownership or interest therein by way of sale.-

 

(a)      The owner, or in the case of joint ownership, all the owners of a fishing vessel desiring to transfer ownership of such fishing vessel or any interest therein, shall apply in Form-I to the authorized officer for such transfer.

 

(b)      Every application under clause (a) of sub-rule (1) for transfer of ownership of fishing vessel or interest therein shall be accompanied with such fees as specified in Schedule-I.

 

(c)      The authorized officer, on receipt of application under clause (a) of sub-rule (1), shall by an order in writing, cause the fishing vessel to be inspected by the inspection officer.

 

(d)      The inspection officer shall inspect the fishing vessel to ensure the compliance to the requirements of the Act and rules, in particular the sea safety, surveillance and communication requirements as specified in Schedule IV and issue a Certificate of inspection in Form-II.

 

(e)      All parties concerned of with the transfer of ownership of the fishing vessel shall present before the authorized officer and acknowledge the mutation by signing in the register with a minimum of one witness for each side.

 

(f)       The authorized officer shall, after making such enquiry as he deems fit, approve the transfer of ownership of fishing vessel or any interest therein within a period of sixty days from the date of receipt of such application.

 

(g)      On receipt of the registry and the Certificate of inspection, authorized officer having jurisdiction over the area of the new owner, after making such enquiry as he deems fit regarding the owner and the fishing vessel, shall register the fishing vessel in his registry in the name of the new owner.

 

(2)     Transfer of ownership by operation of law.-

 

(a)      Where the title of a fishing vessel in case of death, missing or incapacity of the owner of a fishing vessel devolves on the legal heir by operation of law, such legal heir shall apply in Form-V to the authorized officer specifying the circumstances in which he has acquired title of the fishing vessel and also adducing evidence of such acquisition.

 

(b)      The authorized officer, after making such enquiry as he deems fit, if satisfied about the claim of the applicant, shall register the change of ownership.

 

(3)     Fishing vessel owned by minors.-

 

(a)      Where a fishing vessel is registered in the name of a person as the guardian of a minor, the ownership of the fishing vessel shall remain with the minor, and on attainment of majority, he may apply in Form-VI to the authorized officer for removal of the name of the guardian.

 

(b)      The authorized officer, after making such enquiry as he deems fit, if satisfied shall remove he name of the guardian, so that the minor on attainment of major becomes the sole owner of the fishing vessel.

 

(4)     Transfer of Registry.-

Whenever the ownership of a registered fishing vessel is transferred by the authorized officer under Rule 5 to a new owner belonging to an area outside his jurisdiction, the authorized officer shall close the original registry of the fishing vessel and transfer the same along with the Certificate of inspection to the authorized officer having jurisdiction over the area of the new owner.

(5)     Registration of alterations.-

 

(a)      An application for registering the alterations of a registered fishing vessel shall be made by the owner thereof in Form-VII to the authorized officer within thirty days of such alterations.

 

(b)      In cases where the alterations:

 

(i)       do not materially affect the dimensions or the tonnage of the fishing vessel, the authorized officer shall enter the details of the alterations in the register and also in the Registration Certificate of the fishing vessel;

 

(ii)      materially affect the dimensions or the tonnage of the fishing vessel, the authorized officer shall enter the details of the alterations in the register and also in the Registration Certificate of the fishing vessel with the approval of the adjudicating officer; within a period of sixty days on receipt of application or completion of alteration, whichever is later.

 

(c)      Every application under clause (a) of sub-rule (5) for registration of alterations shall be accompanied by such fees as specified in Schedule-I.

Rule 6. Provisional Certificate of registration.

(1)     Where an application for the registration of a new fishing vessel is pending before an authorized officer and he is, having regard the circumstances of the case, of the opinion that the fishing vessel should not be detained at the place of berthing till the issuance of the certificate of registration, he may issue a Provisional Certificate of Registration in Form-VIII.

 

(2)     Every provisional Certificate of registration issued under sub-rule (1) shall specify the particulars of the fishing vessel and of the owner.

 

(3)     A provisional Certificate of registration shall be valid for such period not exceeding sixty days as may be specified therein:

Provided that the authorized officer may, if satisfied that in the circumstances of the case it is necessary to do so, extend the period of validity of a provisional certificate by a further period not exceeding sixty days.

(4)     The provisional Certificate of registration shall, on the expiry of the period of its validity or at the time of the issue of a regular certificate of registration, whichever is earlier, be surrendered to the authorized officer.

Rule 7. Mortgage of Fishing vessel.

(1)     Either the owner or the financing institution of a registered fishing vessel, on executing mortgage or hypothecation of such vessel to the financing agency or purchase of the fishing vessel on hypothecation, shall furnish the information of creation of such mortgage or hypothecation in Form-IX(a) to the authorized officer within seven days from the creation of such mortgage or hypothecation.

 

(2)     The authorized officer on being satisfied, shall record such mortgage or hypothecation in the Certificate of registration and in the register maintained by him.

 

(3)     In case of termination of mortgage or hypothecation, either the owner or the financing institution of the registered fishing vessel shall furnish the information of termination of such mortgage or hypothecation in Form-IX(b) to the authorized officer.

 

(4)     The authorized officer on being satisfied that the mortgage or hypothecation has been terminated, shall record such termination of mortgage or hypothecation in the Certificate of registration and in the register maintained by him.

Rule 8. Licensing of Fishing Vessel.

(1)     Every application for the grant or renewal of licence for a fishing vessel under section 7 of the Act shall be made by the owner thereof to the authorized officer in Form X and shall be accompanied by a licence fee as specified in Schedule - V.

 

(2)     Every registered fishing vessel shall be brought for inspection and physical verification by the authorized officer every year according to the convenience of the owner at the time of renewal of the licence.

 

(3)     The authorized officer, on receipt of application under sub-rule (1), shall cause the fishing vessel to be inspected by the inspection officer by an order.

 

(4)     The inspection officer shall inspect the fishing vessel and issue the Certificate of inspection in Form-II.

 

(5)     (a) Authorized officer being satisfied that the fishing vessel has complied with the provisions of the foregoing rules, shall grant or renew the licence to the fishing vessel:

Provided that the authorized officer may for sufficient reasons to be recorded in writing, refuse to grant or renew the licence and communicate his decision in this regard to the owner of the fishing vessel under intimation to the adjudicating officer and Appellate Authority.

(b) Such renewal or refusal to renew the licence, as the case may be shall be made within a period of sixty days from the date of receipt of application for renewal of licence.

(c) If no renewal or refusal is made within the period of sixty days, the licence of such fishing vessel shall be deemed to have been renewed for a further period of one year on expiry of the said period of sixty days.

(6)     The licence granted by the authorized officer under section 7 of the Act shall be in Form-XI.

 

(7)     A licence granted under the Act shall be transferred by the authorized officer at the time of transfer of ownership of fishing vessel or interest therein under sub-rule (1), sub-rule (2) and sub-rule (3) of rule 5 of the said rule and shall be cancelled by the authorized officer at the time of Transfer of Registry of fishing vessel under sub-rule (4) of rule 5 of the said rule.

 

(8)     Every holder of a licence shall strictly comply with the provisions of the Act, and rules and the terms and conditions of the licence.

 

(9)     No licence shall be granted or renewed for any fishing vessel, unless such vessel is covered by a policy of insurance against all marine risks by the owner, for a value as may be assessed by the authorized officer and with insurance cover for the life of a minimum number of crew member as deems fit for such fishing vessel by the authorized officer.

 

(10)   Every person incharge of a mechanised fishing vessel shall obtain a daily fishing permit sheet as prescribed in the Form-XV from the authorized officer before such mechanised fishing vessel leaves the notified place of berthing or anchoring and shall hand over the daily fishing permit sheet on return to the authorized officer at the said notified place of berthing or anchoring.

 

(11)   (a) A licence granted under sub-section (3) of section 7, whether before or after the commencement of the Tamil Nadu Marine Fishing Regulation (Amendment) Act, 2016 shall be valid for a period of one year from the date of issue of such licence or till the 31st day of the month of March following the date of issue of licence, whichever is earlier.

(b) The licence shall be renewed before the expiry of such licence or before 31st March of the succeeding year.

(c) In case the owner of a registered fishing vessel fails to renew the licence before the expiry of such licence under clause (b) of sub rule (11), he shall be liable to pay 50% of the applicable fees for renewal of fishing licence as specified in the Schedule-V as penalty for the 1st month beginning from 1st April up to 30th April and then Rs. 5/- (Rupees five) per day for country craft and motorized country craft, Rs. 10/- (Rupees ten) per day for mechanised or deep sea fishing vessel till the licence for fishing is renewed.

(d) The licence not renewed within a period of ninety days from the date of expiry of such licence, shall deemed to be cancelled.

Rule 9. Cancellation or suspension of Registration of fishing vessel, Licence for fishing.

(1)     The Authorized officer, if satisfied either on a reference made to him in this behalf or otherwise, that:-

 

(a)      a Certificate of registration issued under section 10 and the licence for fishing issued under section 7 of the Act has been obtained by misrepresentation as to an essential fact, shall cancel or suspend the Certificate of registration and the licence for fishing; or

 

(b)      the holder of licence or the Certificate of registration has without reasonable cause failed to comply with the conditions subject to which the licence or the certification of registration has been granted or has contravened any of the provisions of the Act or rule made there under, shall cancel or suspend the licence and the Certificate of registration or forfeit the whole or any part of security, if any furnished for the due performance of the conditions subject to which the licence has been granted.

 

(c)      the fishing vessel has been lost or damaged due to fire accident or any other cause, shall cancel the Certificate of registration and licence for fishing of such lost or damaged fishing vessel.

 

(2)     The authorized officer shall provide a reasonable opportunity to the owner of the fishing vessel for showing cause before cancellation or suspension of Certificate of registration and the licence for fishing.

Rule 10. Issue of duplicate licence and duplicate Certificate of registration.

(1)     The loss, damage or mutilation, as the case may be of the Certificate of registration of a fishing vessel or licence for fishing shall be reported forthwith, by the owner of the fishing vessel to the Police Authority concerned.

 

(2)     The application for grant of duplicate licence and duplicate Certificate of registration shall be made by the licencee or the owner of the fishing vessel as the case may be in Form-XII and shall be accompanied with a Non-traceable Certificate issued by the Police Authority concerned.

 

(3)     The authorized officer shall issue a duplicate licence or duplicate Certificate of registration to the licensee or the owner of the fishing vessel, as the case may be, after duly verifying the facts and documentary evidence if any and satisfying himself as to the genuineness of the application. Duplicate licence or duplicate Certificate of registration shall be issued on payment of a fee specified in Schedule - VI.

Rule 11. Grant of Driving Licence to drive Mechanised Fishing Vessel.

(1)     The applicant, who has completed eighteen years of age, may apply to the authorized officer having jurisdiction in the area, in which he ordinarily resides or carries on business to issue to him a driving licence for driving a mechanised fishing vessel.

 

(2)     Every application for issue of Driving licence to drive a mechanised fishing vessel under section 7A of the Act shall be made by the individual to the authorized officer in Form-XVI obtainable from the office of the authorized officer or from the designated website.

 

(3)     Every application for issue of Driving licence to drive a mechanised fishing vessel shall be accompanied by such fees as prescribed in Schedule-VII.

 

(4)     On receipt of the application, if the applicant satisfies the following terms and conditions, the authorized officer shall send a letter to the applicant to appear before the inspection officer with a Certificate of physical fitness obtained from the competent authority on such date with a mechanized fishing vessel for driving test:-

 

(a)      The applicant should have completed 18 years of age on the date of submitting application;

 

(b)      The applicant should have good physical and mental health;

 

(c)      The applicant has furnished Certificate of Training on Elements of Seamanship and Navigation, Marine Electronic Equipments, Operation and Maintenance of Engine imparted by an agency notified by the Government.

 

(5)     The inspection officer shall issue a Certificate for driving to the effect that the applicant has successfully completed the driving test.

 

(6)     On receipt of the Certificate for driving test of the inspection officer, the authorized officer being satisfied that the applicant satisfied the terms and conditions, shall issue a driving licence to the applicant to drive a mechanized fishing vessel:

Provided that the authorized officer may for sufficient reasons to be recorded in writing, refuse to issue driving licence and communicate his decision in this regard to the applicant.

(7)     Such granting or refusing to grant the driving licence, as the case may be, shall be made within a period of sixty days from the date of receipt of application for grant of licence.

 

(8)     The driving licence issued by the authorized officer under section 7-A of the Act shall be in Form-XVIII.

 

(9)     The licence issued under section 7-A of the act shall be valid for a period of five years. (10) The licence shall be renewed before the expiry date.

Rule 12. Renewal of Driving Licence to drive Mechanised Fishing Vessel.

(1)      The applicant may apply to the authorized officer having jurisdiction in the area, in which he ordinarily resides or carries on business to renew the driving licence for driving a mechanised fishing vessel before one month from the date of expiry of driving licence.

 

(2)      Every application for renewal of Driving Licence to drive a mechanised fishing vessel under section 7-B of the Act shall be made by the individual to the authorized officer in Form-XVII obtainable from the office of the authorized officer or from the designated website.

 

(3)      Every application for renewal of Driving Licence to drive a mechanised fishing vessel shall be accompanied by such fees as prescribed in Schedule-VII.

 

(4)      On receipt of the application for renewal of driving licence, the authorized officer shall send a letter to the applicant to appear before the inspection officer on such date with a Certificate of physical fitness obtained from the competent authority.

 

(5)      On verification of documents and examination of the individual, the inspection officer shall issue a Certificate to the effect that the applicant is physically fit to drive a mechanical fishing vessel.

 

(6)      On receipt of the Certificate of the inspection officer, the authorized officer being satisfied shall renew the driving licence to the applicant to drive a mechanized fishing vessel:

Provided that the authorized officer may for sufficient reasons to be recorded in writing, refuse to renew the driving licence and communicate his decision in this regard to the applicant.

(7)      (a) Such renewal or refusal to renew the driving licence, as the case may be shall be made within a period of sixty days from the date of receipt of application for renewal of driving licence.

(b) If no renewal or refusal is made within the period of sixty days, the driving licence of such person shall be deemed to have been renewed for a further period of five years on expiry of the said period of sixty days.

(8)      In case the holder of the driving licence to drive a mechanised fishing vessel fails to renew the licence before the expiry of such licence under this rule, he shall be liable to pay 50% in addition to the prescribed fees for renewal of the applicable fees for renewal of the driving licence as specified in the Schedule -VII as penalty for the 1st month beginning on expiry of such validity and Rs. 5 (Rupees five) per day for mechanised fishing vessels up to 15m Over All Length, Rs. 10/- (Rupees ten) per day for mechanised fishing vessel above 15m and up to 20m Over All Length, Rs. 15/- (Rupees fifteen) per day for mechanised fishing vessel above 20m Over All Length and less than 24m Over All Length till the driving licence is renewed.

 

(9)      The licence renewed under this rule shall be valid for a further period of five years.

Rule 13. Issue of duplicate driving licence to drive a mechanised fishing vessel.

(1)     The loss, damage or mutilation, as the case may be, of the driving licence shall be reported forthwith, by the applicant to the Police Authority concerned.

 

(2)     The application for issue a duplicate driving licence shall be made by the individual to the authorised officer in Form-XVII and shall be accompanied by a Non-Traceable Certificate issued by the Police Authority concerned.

 

(3)     The authorized officer shall issue a duplicate licence after duly verifying the facts and documentary evidence if any and satisfying himself as to the genuineness of the application. Duplicate driving licence shall be issued on payment of fee specified in Schedule-VII.

Rule 14. Returns to be made by owners of registered Fishing Vessels.

(1)     Every owner or master of a mechanised fishing vessel shall provide the crew details to the authorized officer at each voyage.

 

(2)     Every owner of a registered fishing vessel shall furnish a return to the authorized officer at the end of every quarter in Form-XIII.

 

(3)     The authorized officer may authorise an inspection officer by an order, to inspect any registered fishing vessel at any time to verify the accuracy of any return made under this rule. 

CHAPTER III

REGULATION OF FISHING

Rule 15. Regulation in specified area.

(1)     Every owner of a mechanized fishing vessel or Deep sea fishing vessel shall arrange to berth his boat in the Fishing Harbour provided for it by the Government or in a place notified by the authorized officer.

(2)     (a) Mechanised fishing vessel shall not be used for fishing within five nautical miles from the shore.

(b) Deep sea fishing vessel shall not be used for fishing within the territorial waters.

(c) Any deep sea fishing vessel operating from the State shall leave from and return to the notified place of berthing or anchoring during the day hours between 05.00 hours and 18.00 hours.

(3)     Trawling operations shall not be conducted within five nautical miles from the coastline.

(4)     The number of mechanised fishing vessel which may be used for fishing in any specified area shall be decided by the authorized officer having jurisdiction over that area.

(5)     When a mechanised fishing vessel or deep sea fishing vessel is taken out from a notified place of berthing or anchoring, it shall follow a specified channel marked by the authorized officer having jurisdiction in the sea up to five or twelve nautical miles limit as the case may be and then proceed to the fishing grounds;

Provided that the passing of such mechanised fishing vessel or deep sea fishing vessel is taken through the specified channel shall not in any manner cause any damage to any fishing gear belonging to any person who engages in fishing in the specified area by using any country craft and motorized country craft.

(6)     The owner of a country craft and motorized country craft shall not use his gear in the channel earmarked as the passage for mechanised fishing vessel or deep sea fishing vessel.

(7)     Fishing within 100 metres below a river mouth is prohibited.

(8)     No owner of a fishing vessel shall use or cause or allow to be used such fishing vessel for fishing in any manner which contravene provisions of these rules.

(9)     In case the unit of Indian Coast Guard or Marine Police or any other such law enforcing agency on patrolling duty notice the fishing operation of mechanised fishing vessel within the area of five nautical miles or a deep sea fishing vessel within territorial waters or is being used or caused or allow to be used such fishing vessel for fishing in any manner which contravene provisions of these rules, shall report the same to the authorized officer and such vessel at sea or on return to the shore as the case may be, shall be seized and impounded by the authorized officer.

(10)   The authorized officer having jurisdiction over the specified area shall impose ban on fishing by some class or all classes of fishing vessels for a specifi c period in the specified area for sea ranching or any other such stock enhancement activity.

Rule 16. Regulation in 'No fishing Zone'.

(1)     The Government shall by notification declare, revise, modify 'No fishing zone' along the whole or part of the coast line of the State.

(2)     No fishing vessel shall enter or carryout fishing in a radius of 500 meters around the atomic installations including the in-take structure and other structures, which are part and parcel of the atomic installations, in the coastal areas of the State.

(3)     In case the unit of the Central Industrial Security Force or Marine Police or any other such law enforcing agency on patrolling duty notice the entry or fishing operation by any fishing vessel in the "No Fishing Zone" shall report the same to the authorized officer and such vessel at sea or on return to the shore as the case may be shall be seized and impounded by the authorized officer.

Rule 17. Regulation on use of gear.

(1)     (a) No owner or master of a fishing vessel shall use or cause or allow to be used any fishing vessel for fishing juveniles and small sized fishes below such legal size of fish to be caught as may be declared by the authorized officer or by the Government.

(b) The legal size of any fish species to be caught shall by a notification declared by the authorized officer having jurisdiction over the area or by the Government:

Provided that such notification shall be made on sufficient scientific reports.

(c) The authorized officer shall seize such fish landings of juveniles and small sized fishes in the fishing harbour or fish landing centre and impound the fishing vessel which landed such catch.

(2)     No gill net having a stretched mesh size of less than 25 mm shall be used.

(3)     No shrimp trawl net having a stretched mesh size less than 40 mm at the cod end shall be used.

(4)     No fish trawl nets having a stretched mesh size less than 75 mm at the wings and stretched mesh size less than 40 mm at cod end shall be used.

(5)     No trawl net shall be used without fixing Turtle Excluding Device (TED) before the cod end during the specified period as may be notified by the authorized officer.

(6)     No owner or master of any fishing vessel shall carry on fishing of any fish species declared as protected fish species or living organisms under Wild Life Protection Act, 1972. (CA 53 of 1972).

(7)     No owner or master of any fishing vessel shall carry on fishing by pair trawling or fishing with purse-seine net using any fishing vessel or craft whether country craft or mechanized boat irrespective of their size and power of the engine in the entire coastal area of the State.

(8)     No owner or master of any fishing vessel shall carry on fishing by using dynamites or other form of explosive substances, poison or noxious materials, etc.

(9)     No owner or master of any fishing vessel shall carry onboard the fishing vessel any prohibited gear, dynamites or other form of explosive substances, poison or noxious materials, etc.

(10)   The authorized officer or inspection officer may if he has a reason to believe that any fishing vessel or craft whether country craft or mechanized boat irrespective of their size and power of the engine is being or has been used for fishing using any prohibited gear, dynamites or other form of explosive substances, poison or noxious materials, etc shall enter, search and seize such prohibited fishing gear, explosive substances, the fish catch and impound such fishing vessel.

(11)   The artificial reefs shall be deployed in the specified area for stock enhancement by Government.

(12)   Agencies other than Government shall obtain necessary clearance from the Department of Fisheries for deployment of such artificial reefs in such area. Necessary approval shall also be obtained from the Department of Fisheries for the number, shape and dimensions of such artificial reef.

Rule 18. Close Season.

(1)     The Government shall by notification declare "Close Season" for fishing to regulate, restrict or prohibit the catching in any specified area of such species of fish for such period by such class or classes of fishing vessel as may be specified in the notification.

(2)     The authorized officer shall have the right of prohibiting the catching of any particular species of fish, during any particular season in the whole or part of the area under his jurisdiction as may be notified.

(3)     No such class or classes of fishing vessel shall carry on fishing of such species of fish during such period in such area as may be specified in the notification of close season.

(4)     The authorized officer shall after the issuance of such notification make sufficient publicity of the notification among the fishermen in his area of jurisdiction.

(5)     All such notification shall be displayed in such size and in such place of all Fishing harbour and Fish landing centre as the authorized officer deems fit.

CHAPTER IV

RESOLUTION OF DISPUTES

Rule 19. District level peace committee.

(1)     For resolution of disputes, a District Level Peace Committee shall be constituted with the following members under the chairmanship of District Collector concerned:-

(i)       Concerned Sub-Collector/Revenue Divisional Officer having jurisdiction, over such coastal area.

(ii)      Concerned Deputy Superintendent of Police.

(iii)     Adjudicating officer i.e., Joint Director of Fisheries/Deputy Director of Fisheries.

(iv)    Assistant Director of Fisheries of the District concerned other than the Authorized officer.

(v)      Two Office bearers of the District Association of Fishermen operating Motorized country craft and country craft of the District as may be nominated by the District Collector.

(vi)    Two Office bearers of the District Association of Fishermen operating mechanised fishing vessel of the District as may be nominated by the District Collector.

(vii)   Authorized Officer concerned (Member-Secretary)

(viii)  Any other special invitees as desired by the District Collector.

(ix)    Two Fisheries Advisory Committee Members as may be nominated by the District Collector.

(2)     An agreed resolution made by this committee on any dispute that may arise in the District, shall be binding on all parties of the District concerned. 

CHAPTER V

SEARCH, SEIZURE, IMPOUNDMENT AND DISPOSAL OF FISHING VESSEL, GEAR AND FISH

Rule 20. Impounding and disposal of fishing vessel.

(1)     The authorized officer or inspection officer may if he has reason to seize any fishing vessel under sub-section (1) of Section 15 of the Act, shall direct the owner or master of such fishing vessel to bring it to a place in his jurisdiction as he deems fit, where the fishing vessel shall be impounded by the authorized officer. The owner or master of such fishing vessel shall bring it to a place as directed by the authorized officer or inspection officer.

(2)     The authorized officer shall keep the fishing vessel impounded under section 15, in his jurisdiction and shall inform the owner of such fishing vessel as to the place where the impounded fishing vessel is berthed or anchored. The owner of the impounded fishing vessel shall be liable to pay any expense that may be incurred towards its maintenance.

(3)     The authorized officer shall by an order direct the owner or master of the impounded fishing vessel to provide sufficient watch and ward for the safe keeping of impounded fishing vessel.

(4)     The authorized officer shall make a report thereof to the adjudicating officer on the impounding of such fishing vessel.

(5)     (a) If no claim is made by any person in respect of any seized fishing vessel within a period of six months from the date of seizure of the fishing vessel, the authorized officer shall declare such fishing vessel as abandoned.

(b) The authorized officer shall make a report thereof to the adjudicating officer on such fishing vessel declared as abandoned.

(c) The authorized officer shall dispose such abandoned fishing vessel in public auction or shall destroy it upon the orders of the adjudicating officer in the presence of Panel of Members as provided in the Section 15 and 18 of the Act.

(d) The sale proceeds if any shall be deposited under Revenue Deposit in the office of the adjudicating officer.

Rule 21. Seizure and disposal of fishing vessel/gear.

(1)     In case of seizure of any fishing vessel under sub-section (1) of section 15 or gear under sub-section (2) of section 15 of the Act, the inspection officer, shall prepare a seizure Mahazar in Form-XIV in triplicate and get it acknowledged by the owner or master or any of the crew present at the time of seizure of such fishing vessel or gear.

Provided that the owner or master or any of the crew refuse to acknowledge the seizure Mahazar, the inspection officer shall get it acknowledged by any other person present there or shall record the refusal to acknowledge.

(2)     The authorized officer shall submit the seizure mahazar along with a report thereof to the adjudicating officer within 48 hrs of seizure.

(3)     The authorized officer shall dispose such fishing vessel in public auction or shall destroy such prohibited fishing gear beyond use as may be adjudged by adjudicating officer or by the competent authority in the presence of Panel of Members as provided in the sections 15 and 18 of the Act.

Rule 22. Disposal of Seized fish.

(1)     In case of seizure of any fish under sub-section (1) of section 15 of the Act, the inspection officer, shall prepare a seizure Mahazar of fish in Form-XIV in triplicate and get it acknowledged by the owner or master or any of the crew present at the time of seizure of such fishing vessel or gear:

Provided that the owner or master or any of the crew refuse to acknowledge the seizure mahazar, the inspection officer shall get it acknowledged by any other person present there or shall record the refusal to acknowledge.

(2)     If the authorized officer is of the opinion that the disposal of seized fish is necessary, he may dispose of such fish in public auction and deposit the sale proceeds under Revenue Deposit in the office of the adjudicating officer.

 

(3)     The authorized officer shall submit the seizure mahazar of fish, deposit the sale proceeds along with a report thereof to the adjudicating officer within 48 hrs of disposal of seized fish.

CHAPTER VI

REGISTRATION OF FISHING BOAT BUILDING YARD, FISHING NET MANUFACTURING UNIT OR SUPPLYING UNIT

Rule 23. Registration of Fishing Boat building yard, Fishing net manufacturing unit or supplying unit.

(1)     Every application for registration of Boat building yard, Fishing net manufacturing unit or supply unit under section 10-A shall be made by the owner thereof to the authorized officer in Form-XIX obtainable from the office of the authorized officer or can be download from the designated website.

(2)     Every application for registration of Boat building yard, fishing net manufacturing unit or supplying unit shall be accompanied by such registration fee as specified in Schedule-VIII :

Provided that the registration fee shall be revised or modified by the Government by notification from time to time.

(3)     The authorized officer, on receipt of application under sub-rule (1) of rule 23, shall by an order in writing, cause the Boat building yard, fish net manufacturing unit or supplying unit to be inspected by the inspection officer.

(4)     The inspection officer shall inspect the Boat building yard, Fishing net manufacturing unit or supplying unit to ensure the compliance to the requirements of the Act and rules in particular as specified in schedule-IX and issue a Certificate of inspection of boat building yard, fish net manufacturing unit or supplying unit in Form-XX.

(5)     The authorized officer on receipt of the Certificate of Inspection, being satisfied that the Boat building yard, Fishing net manufacturing unit or supplying unit has complied with the provisions of the Act and the foregoing rules, shall register the Boat building yard, Fishing net manufacturing unit or supplying unit;

Provided that the authorized officer may for sufficient reasons to be recorded in writing, reject the application for registration and communicate his decision to the owner of the fishing boat building yard or fish net manufacturing unit or supplying unit, under intimation to the adjudicating officer and appellate authority.

(6)     Such registration or refusal, as the case may be, shall be made within a period of sixty days from the date of receipt of application for registration.

(7)     The Certificate of registration issued under sub-section (7) of section 10-A of the Act shall be in Form-XXI. The counterfoil of such Certificate of registration shall be maintained in the office of the authorized officer in the form of a hard bound register. The applicant shall acknowledge the receipt of Certificate of registration in the counterfoil of such Certificate to be maintained in the office of the authorized officer.

(8)     All the Boat manufacturers shall furnish a Certificate to the effect that the boats are built as per the approved type design and are seaworthy. In case of fishing vessel of Overall Length equal to and above 15 meter, shall provide safety booklet which include stability test parameter.

(9)     All the fishing net manufacturers or suppliers in the State already registered with the Director of Industries and Commerce before the commencement of Tamil Nadu Marine Fishing Regulation (Amendment) Act, 2016 shall also be registered under this Act.

(10)   All the registered fishing net manufacturers or suppliers shall manufacture and abide by the conditions specified in Schedule-IX for quality and mesh size of fishing net.

(11)   The Certificate of registration issued under this rule is valid for a period of five years and shall be revalidated after the expiry of validity of registration.

Rule 24. Revalidation of Registration of Boat Building Yards, Fish net manufacturing units and Supplying units.

(1)     A Certificate of registration of boat building yards, fishing net manufacturing unit or supplying unit; issued under sub-section (7) of Section 10-A of the Act, shall be revalidated with the same registration number after the period of validity.

(2)     Every application for revalidation of registration of boat building yard, fishing net manufacturing unit or supplying unit shall be made by the owner thereof to the authorized officer in Form-XIX obtainable from the office of the authorized officer or from the designated website.

(3)     Every application for revalidation under sub-rule (1) shall be accompanied with such fees as prescribed in Schedule VIII.

(4)     The authorized officer, on receipt of application under sub-rule (1), shall by an order in writing, cause such unit to be inspected by the inspection officer.

(5)     The inspection officer shall inspect such units to ensure the compliance to the requirements of the Act and Rules and issue a Certificate of inspection of boat building yards, fishing net manufacturing unit and supplying unit in Form- XX.

(6)     (a) The authorized officer on receipt of the Certificate of Inspection, being satisfied that such unit has complied with the provisions of the Act and the foregoing rules, shall revalidate the registration of such units:

Provided that the authorized officer may for sufficient reasons to be recorded in writing, reject the application for revalidation and communicate his decision to the owner of such unit under intimation to the adjudicating officer and appellate authority.

(b) Such revalidation or rejection, as the case may be shall be made within a period of sixty days from the date of receipt of application for revalidation.

(c) If no revalidation or rejection is made within the period of sixty days, the registration of such unit shall be deemed to have been revalidated on expiry of the said period of sixty days.

(7)     The authorized officer being satisfied shall affix a stamp of revalidation which shall be valid for a maximum period of five years as he deems fit.

(8)     In case the owner of a registered boat building unit, fishing net manufacturing unit, supplying unit fails to revalidate the registration of such unit on expiry of such period of validity of registration, he shall be liable to pay 50% in addition to the prescribed fees for revalidation of applicable fees for revalidation as specified in the Schedule-VIII as penalty for first thirty days from the succeeding day of expiry of validity of registration Rs. 10/-(Rupees ten) per day till the registration is revalidated.

(9)     The registration of such units not revalidated within a period of ninety days from the date of expiry of validity of such registration shall be deemed to be cancelled.

Rule 25. Issue of duplicate Certificate of registration of boat building yards, fishing net manufacturing units or supplying units.

(1)     The loss, damage or mutilation, as the case may be of the Certificate of registration of a boat building yard, fishing net manufacturing unit or supplying unit shall be reported forthwith, by the owner of such unit to the Police Authority concerned.

(2)     The application for issue duplicate Certificate of registration of boat building yard, fishing net manufacturing unit or supplying unit shall be made by the owner of such unit in Form-XII and shall be accompanied with a Non-traceable Certificate issued by the Police Authority concerned.

(3)     The authorized officer shall issue a duplicate Certificate of registration of such unit to the owner of such unit after duly verifying the facts and documentary evidence if any and satisfying himself as to the genuineness of the application. Duplicate Certificate of registration of boat building yard, fishing net manufacturing unit or supplying unit shall be issued on payment of a fee specified in Schedule-VIII.

Rule 26. Cancellation or suspension of Registration of fishing boat building yard, fishing net manufacturing unit or supplying unit.

(1)     The authorized officer, if satisfied either on a reference made to him in this behalf or otherwise, that:-

(a)      a Certificate of registration issued under sub-section (7) of section 10-A of the Act has been obtained by misrepresentation as to an essential fact, shall cancel or suspend the Certificate of registration.

(b)      the holder of the Certificate of registration issued under sub-section (7) of section 10-A of the Act has without reasonable cause failed to comply with the conditions subject to which the certification of registration has been granted or has contravened any of the provisions of the Act or rule made there under, shall cancel or suspend the Certificate of registration of such units.

(c)      the Fishing boat building yard, fishing net manufacturing unit or supplying unit damaged due to fire accident or any other cause to the extent that the unit is not deemed fit for the purpose for which registration is granted, shall cancel the Certificate of registration of such units.

(2)     The authorized officer shall give the owner of the Fishing boat building yard, fishing net manufacturing unit or supplier unit, a reasonable opportunity of showing cause for cancellation or suspension of Certificate of registration of such units.

CHAPTER VII

INSPECTION OFFICER

Rule 27. Inspection Officer.

(1)     Any officer of the Fisheries Department not below the rank of Sub-Inspector of Fisheries working under the administrative control of an authorized officer, authorized by an order to exercise the powers conferred on, and discharge the duties imposed upon the Inspection officer under the Act.

(2)     The inspection officer shall ensure that all the fishing vessels are equipped with prescribed sea safety, surveillance and communication systems for a registered fishing vessel as specified in Schedule-IV.

(3)     The inspection officer shall ensure that all registered fishing vessels have adopted prescribed colour code as specified in Schedule-III.

(4)     The inspection officer, in case of finding any defect in the hull, machinery, equipments, rigging, etc., of any fishing vessel, shall inform to the owner or master of such fishing vessel in Form-XXII pointing out the defect and the repairs necessary to make them good.

(5)     The inspection officer, in case of inspection of any mechanized fishing vessel or deep sea fishing vessel, shall ensure that:

(a)      the vessel has a stability booklet duly assessed by the qualified naval architect.

(b)      the hull, machinery, anchors, chains, mooring ropes and equipments are sufficient for the intended purpose and are efficient;

(c)      openings in hull and superstructure have efficient means of closing and are in all respects satisfactory for the intended purpose;

(d)      all openings that are leading to the compartments below main deck as the ventilators, air pipes, drain pipes, discharges and other sea connections are adequate and efficient;

(e)      bulwarks on weather deck are efficient and have sufficient freeing ports;

(f)       the main and auxiliary machinery essential for the propulsion and safety is provided with effective means of control;

(g)      it has sufficient power for going astern to secure proper control of the vessel in all normal circumstances;

(h)     the arrangements for fuel oil, lubricating oil and other flammable oil are such as to ensure safety commensurate with the size and intended purpose of such vessel:

(i)       adequate bilge pumping arrangements are provided,

(j)       the main and emergency steering gear is adequate and sufficient for the intended purpose;

(k)      the electrical systems are fitted with adequate precautions against shock, fire and other hazards of electrical origin.

(6)     The Inspection officer, in case of inspection of a motorized country craft and country craft, shall ensure that:

(a)      it is staunch and tight and strong enough for the intended purpose;

(b)      joints in planking are in good condition and properly caulked;

(c)      in case of decked vessel, the deck planking is in good condition and properly caulked and effective means of battening down the hatches are provided;

(d)      sails are strong and durable and in good condition and of sufficient area to enable efficient navigation under sails alone;

(e)      all blocks, pulleys and ropes are in good condition and of sufficient strength;

(f)       the anchors, chains, mooring ropes are sufficient and efficient;

(g)      the rudder and tiller arm are efficient and in good condition.

CHAPTER VIII

Rule 28. Enquiry procedure to be followed by adjudicating officer.

The adjudicating officer shall hold an enquiry into the matters mentioned in the report of the authorized officer under section 17 of the Act as in the manner provided for the conduct of cases in summary manner under the Code of Civil Procedure, 1908 (Central Act V of 1908).

CHAPTER IX

APPEALS

Rule 29. Procedure for presentation of appeals.

(1)     An appeal to the Appellate authority shall be preferred by a person aggrieved against an order of the adjudicating officer either in person during the office hours or sent by the registered post.

 

CHAPTER X

FISHING HARBOUR MANAGEMENT

Rule 30. District Level Management Advisory Committee (DLMAC).

The District Level Management Advisory Committee (DLMAC) shall exercise the powers and discharge the duties imposed upon the District Level Management Advisory Committee under the Act.

Rule 31. Composition of the District Level Management Advisory Committee (DLMAC).

The District Level Management Advisory Committee shall consist of the following members:-

Rule 32. Functions of District Level Management Advisory Committee (DLMAC).

(1)     The District Level Management Advisory Committee shall have the following functions:-

 

(a)      to ensure management operation and maintenance of fishing harbour/fish landing center to the international operational standards.

 

(b)      to device management advisory at district level for different fishing harbour terminals.

 

(c)      to revise the financial authority of Fishing Harbour Management Committee.

 

(d)      to ensure regular and periodic upkeep of various fishing harbour/fish landing center facilities.

 

(e)      to devise affordable user charges.

 

(f)       to ensure better price realization to stakeholders

 

(g)      such other functions as may be assigned by the Government.

Rule 33. Fishing Harbour Management Committee (FHMC).

(1)     The Fishing Harbour Management Committee (FHMC) shall exercise the powers and discharge the duties imposed upon the Fishing harbour management committee under the Act.

 

(2)     Fishing Harbour Management committee shall be registered under the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975).

 

(3)     They shall maintain records and registers as required under the Tamil Nadu Societies Registration Act, 1975 and the Rules made there under.

Rule 34. Composition of Fishing Harbour Management Committee (FHMC).

(1)     The Fishing Harbour Management Committee shall consist of the following members:-

Rule 35. Functions of Fishing Harbour Management Committee (FHMC).

(1)     The Fishing Harbour Management Committee shall have the following functions:-

 

(a)      to conserve, regulate and control fishing harbour or fish landing center.

 

(b)      to maintain and manage the facilities of fishing harbour or fish landing center.

 

(c)      to purchase tools and machineries required for the maintenance and upkeep of the fishing harbour or fish landing center subject to a maximum of Rs. 50000/- (Rupees Fifty Thousand only). Any amount exceeding the above shall be approved in advance by District Level Management Advisory Committee.

 

(d)      to implement safety measures for arrival and departure of vessels and shore installations within the fishing harbour or fish landing center.

 

(e)      to provide quick and hygienic handling of fish within the fishing harbour or fish landing center.

 

(f)       to execute all works including restoration works after a disaster.

 

(g)      to create facilities that can add value to fishing harbour or fish landing center.

 

(h)     to collect user fees for facilities provided by the fishing harbour or fish landing center and to deposited in the designated bank account within 48 hrs of collection.

 

(i)       to provide proper receipt while collecting the charges or user fees. The counterfoil of such receipt shall be submitted for audit purpose.

 

(j)       to do such other functions as are necessary for efficient discharge of functions to the fishing harbour or fish landing center.

 

(k)      to collect and maintain statistics relating to fishing vessels, fish catches, prices of different fish catches on a daily basis, etc.

 

(l)       any dispute in the management of fishing harbor or fish landing centre shall be resolved by District Level Management Advisory Committee. The decision of District Level Management Advisory Committee shall be final and binding on all parties concerned.

 

(m)    such other functions as may be assigned by the District Level Management Advisory Committee or by the Government.

Rule 36. Meetings of the District Level Management Advisory Committee and Fishing Harbour Management Committee.

(1)     The District Level Management Advisory Committee shall meet once in six months ordinarily at the office of the Chairman of District Level Management Advisory Committee or at such other places as may be decided by the Chairman:

Provided that special meeting may be held if it is so required as may be decided by the Chairman.

(2)     The Fishing Harbour Management Committee shall meet every month ordinarily at the office of the Fishing Harbour Management Committee or at such other places as the Chairman may decide;

Provided that special meeting may be held if it is so required and decided by the Chairman.

(3)     The Chairman or in his absence, any member chosen by the members present among themselves, shall preside at a meeting of the District Level Management Advisory Committee or Fishing Harbour Management Committee.

 

(4)     If any member, being an officer of the State/Central Government is unable to attend any meeting of the District Level Management Advisory Committee or Fishing Harbour Management Committee, he may under intimation to the Chairman, authorize his immediate subordinate officer in writing to do so.

 

(5)     All resolutions at a meeting of the District Level Management Advisory Committee or Fishing Harbour Management Committee shall be decided by consensus among the members.

 

(6)     The quorum for a meeting shall be 1/3rd of the members.

 

(7)     If there is no quorum for the meeting, the meeting shall be adjourned and reconvened at a date not later than seven days after the original scheduled meeting date.

Rule 37. Accounts and Audit.

(1)     The Fishing Harbour Management Committee shall maintain a true and proper books of accounts and other relevant records as prescribed under the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975) and Rules made there under.

 

(2)     The accounts of the Fishing Harbour Management Committee shall be audited annually as per the Tamil Nadu Societies Registration Act, 1975 and shall be forwarded annually to the District Level Management Advisory Committee.

 

(3)     The violation or offences shall be dealt as per the provisions in Tamil Nadu Societies Registration Act, 1975.

Rule 38. Annual Report.

The Fishing Harbour Management Committee shall prepare an annual report of its activities every year and submit to the State Government.

CHAPTER XI

MISCELLANEOUS

Rule 39. Fees for supply of copies of documents or orders.

Every application for the copy of a document or order passed under the Act or these rules shall be accompanied such charges as mentioned below;

(i)       rupees two for each page (in A-4 or A-3 size paper)

(ii)      actual charge or cost price of a copy in larger size paper.

Rule 40. Savings.

Notwithstanding anything contained in these rules all orders, directions, instructions issued by the Government, Department of Fisheries, under the Tamil Nadu Marine Fishing Regulation Rules, 1983, shall in so far as it is not inconsistent with the provisions of these rules be deemed to have been issued or made under these rules.

APPENDIX

SCHEDULE I

FEES PAYABLE FOR REGISTRATION, REVALIDATION AND CHANGE IN REGISTRATION OF FISHING VESSEL

(see sub rule 2(b) of rule-3, sub-rule (2) of rule 4, sub-rule (1)(b) of rule 5 and sub-rule (5)(c) of rule 5)

SCHEDULE II

DISPLAY OF THE REGISTRATION MARK IN A REGISTERED FISHING VESSELS

(See sub-rule (8) of rule 3)

SCHEDULE III

PRESCRIBED COLOUR CODE FOR REGISTERED FISHING VESSELS

(See sub-rule (8) of rule 3, sub-rule (9) of rule 3 and sub-rule (3) of rule 25)

SCHEDULE IV

PRESCRIBED SEA SAFETY, SURVEILLANCE AND COMMUNICATION SYSTEMS FOR A REGISTERED FISHING VESSEL

(See sub-rule (4) and (10) of rule 3, sub-rule (1)(d) of rule 5 and sub-rule (2) of rule-25)

SCHEDULE V

FEES PAYABLE FOR FISHING LICENCE AND RENEWAL OF FISHING LICENCE

(See sub-rule (1) of rule 8)

SCHEDULE VI

FEES PAYABLE FOR DUPLICATE REGISTRATION CERTIFICATE AND LICENCE

(See sub-rule (3) of rule 10 and Sub-rule (3) of rule 13)

SCHEDULE VII

FEES PAYABLE FOR DRIVING LICENCE/RENEWAL OF DRIVING LINCENE/DUPLICATE DRIVING LICENCE TO DRIVE MECHANISED FISHING VESSEL

(See sub-rule (3) of rule-11, sub-rule (3) of rule 12 and sub-rule (3) of rule 13)

SCHEDULE VIII

FEES PAYABLE FOR REGISTRATION, REVALIDATION AND DUPLICATE REGISTRATION CERTIFICATE FOR BOAT BUILDING YARDS, FISHING NET MANUFACTURING UNIT, FISHING NET SUPPLYING UNIT

(See sub-rule (2) of rule-23 and sub-rule (3) of rule 24)

SCHEDULE IX

PRESCRIBED ELIGIBLE CRITERIA FOR REGISTRATION OF FISHING BOAT BUILDING YARD, FISHING NET MANUFACTURER/SUPPLIER UNITS

(See sub-rule(4) and (10) of rule-23)

FORM I

APPLICATION FOR REGISTRATION/REVALIDATION OF REGISTRATION/TRANSFER OF OWNERSHIP BY WAY OF SALE OF FISHING VESSEL (Transfer of

Registry)

(See sub-rule (1) of rule 3 and sub-rule (1)(a) of rule 5)

To

The Authorised Officer,

Sir,

I/We______________ of__________________ being the owner of fishing Boat called the_________________ hereby request that the said fishing boat be registered/Revalidated/Transfer in my/our name/s and a Certificate be issued to me/us.

2. Details of Owner(s) of the said fishing boat are as follows:

3. Details of New Owner(s) of the said fishing boat are as follows:

 

 

 

i.         Builders certificate (For new registration)

 

ii.        Bill of sale if purchased along with previous Certificate of Registration (For change of ownership) iii. Original Registration Certificate (For renewal of fishing vessel)

13. I/We request that a name for the fishing vessel be approved from the following

i.         __________________

 

ii.        __________________

 

iii.       __________________

I/We, ____________________________hereby declare that the information furnished above are true to the best of my knowledge and belief.

Place:

Date:

Signature/Thumb-impression of the applicant

FORM II

CERTIFICATE OF INSPECTION

(See sub-rule (4) of rule 3, sub-rule (1)(d) of rule-5 and sub-rule (4) of rule 8)

1.        This to certify that:-

 

(a)      the below mentioned fishing boat has been duly inspected in accordance with the provisions of the Tamil Nadu Marine Fishing Regulation Rules, 2020.

(b)      the vessel measures __________________meters in length and_______________ meter in width.

 

(c)      the particulars of engines/auxiliary engine as supplied by manufactures/owners are:

(d)      the life saving appliance are provided for a total number of_____________ persons viz :-

(a) _________________________ lifejackets;

(b) _________________________lifebuoys;

(e)      the vessel has been painted in accordance with the existing colour code prescribed by the Government.

 

(f)       the inspection showed that the fishing boat's hull, machinery, rigging, life saving appliances, fire appliances and other equipments are in good condition and that it is provided with navigation lights and shapes, and means of making sound signals and distress signals in accordance with the provisions of the Regulations for the Prevention of Collisions at Sea.

 

(g)      the vessel has the following communication/Vessel Monitoring System/Vessel Tracking System

(a)

(b)

2.        Date on which the fishing boat was inspected in dry-dock/or yard:___________

 

3.        This certificate of inspection is valid for six months only

Signature of the Inspecting Officer

FORM III

CERTIFICATE OF REGISTRATION OF FISHING VESSEL

(See sub-rule (6) of rule 3)

1.        Name of Fishing boat

 

2.        Registration Number and Date

 

3.        Call sign (Where applicable)

 

4.        Port and District where registered

 

 

Place:

Date:

Signature and seal of Registering Authority

Conditions of the Certificate of Registration

1.        Any change in the fishing boat's name, other markings, layout, design, capacity of the vessel should be affected only with the prior approval of the registration authority

 

2.        The certificate must be produced while inspection on demand by any authorized person.

 

3.        In case the vessel is lost, broken up or rendered unfit for service, this certificate should be surrendered to the registrar of the fishing boat.

FORM IV

APPLICATION FOR CHANGE OF NOTIFIED PLACE OF BERTHING OR ANCHORING

(See sub-rule (1) of rule 4)

Signature/Thumb impression of the applicant

FORM V

APPLICATION FOR TRANSFER OF OWNERSHIP BY OPERATION OF LAW

(See sub-rule (2) (a) of rule 5)

To

The Authorised Officer,

Sir,

I/We, the legal heirs of___________________________(Name) the owner of the Fishing vessel called __________________________Registration No. _________________________Fishing Licence No.______________ hereby inform that_______________________(Name) has been missing since_______(date, month, year)/died on_______(date, month, year)/is under incapacity.

I/We therefore request that ownership of the above mentioned fishing vessel may kindly be registered in my/our name (s).

The existing Certificate of Registration and the attested copy of death/incapacity/legal heir certificate/No objection certificate from the other legal heirs is enclosed herewith.

(1)      Non-Traceable Certificate in case of missing person for a minimum period of two years.

(3)      Death Certificate

(4)      Incapacitated Certificate

(5)      Legal Heir/Family Member Certificates as the case may be.

(6)      No objection Certificate from the other legal heirs.

Place :______________

Date :______________

Signature/Thumb impression of the applicant

FORM VI

APPLICATION FOR TRANSFER OF OWNERSHIP OF FISHING VESSEL OWNED BY MINORS

(See sub-rule (3)(a) of rule 5)

To

The Authorised Officer,

___________________________

Sir,

I/We, the registered owner of the Fishing vessel called __________________________ Registration No. _________________________, hereby inform that I/We have attained the age of majority.

I/We therefore request that the ownership of the above said fishing vessel be transferred in my/our name and remove the Guardian Name.

The existing Certificate of Registration in original is enclosed herewith.

Place : ______________

Date : ______________

Signature/Thumb impression of the applicant

FORM VII

APPLICATION FOR REGISTRATION OF ALTERATIONS

(See sub-rule (5)(a) of rule 5)

To

The Authorised Officer,

_________________________________________

Sir,

I/We, the undersigned being the owners of the Fishing vessel called __________________________ Registration No. _________________________ hereby report that the following alterations have been carried out to the fishing vessel on ____________ (Date, Month, Year).

1.        ________________________________________________

2.        ________________________________________________

3.        ________________________________________________

4.        ________________________________________________

5.        ________________________________________________

I submit that the above alterations materially affect/does not affect the dimensions of the boat.

I/We therefore request that these alterations may kindly be registered and a fresh Certificate of Registration be issued on payment of the prescribed fee.

The fishing vessel existing Certificate of Registration in original is enclosed herewith.

Signature/Thumb impression of the applicant

FORM VIII

PROVISIONAL CERTIFICATE OF REGISTRATION

(See sub-rule (1) of rule 6)

This is to certify that Fishing Vessel ______________________ is provided with a Provisional Registration No. ___________________ belonging to Thiru./Tmt/________________________________________ S/o/W/o ________________________________ is hereby permitted to ply pending issue of Certificate of Registration.

This Provisional Certificate shall remain in force for a period of sixty days or until the Fishing Vessel is granted a Certificate of Registration whichever is earlier.

Place of Registration : ________________________________________

Date of issue : ________________________________________

Place:

Date:

Signature and seal of Registering Authority

FORM IX (A) (A)

APPLICATION FOR MAKING AN ENTRY OF AN AGREEMENT OF MORTGAGE/HYPOTHECATION OF FISHING VESSEL

(See sub-rule (1) of rule 7)

(To be made in Triplicate, the duplicate copy with the endorsement of the Authorised officer to be returned to the Owner/Financier on making the entry in the Certificate of registration)

To

The Registering Authority,

_______________________ .

The fishing vessel called ______________ registration number ____________________ is the subject of an agreement of mortgage/hypothecation between ___________________ the registered owner/person to be registered as owner and ____________________ (Name and address of the financier).

We request that an entry of the agreement to be made in the Certificate of registration and the relevant records in your office. The Certificate of registration is enclosed.

Place:

Date:

Signature/Thumb impression of the applicant

Signature of financier

FORM IX (B)

APPLICATION FOR MAKING AN ENTRY OF TERMINATION OF AN AGREEMENT OF MORTGAGE/HYPOTHECATION OF FISHING VESSEL

(See sub-rule (3) of rule 7)

(To be made in triplicate, the duplicate copy with the endorsement of the Authorised officer to be returned to the Owner/Financier on making the entry in the Certificate of registration)

To

The Registering Authority,

_______________________ .

We hereby declare that the agreement of mortgage/hypothecation entered into between us has been terminated.

We, therefore, request that the note endorsed in the Certificate of Registration of the fishing vessel called ______________registration number ____________________ in respect of the said agreement between us be cancelled.

The Certificate of Registration is enclosed.

Place:

Date:

Signature/Thumb impression of the applicant

Place:

Date:

Signature of financier

FORM X

APPLICATION FOR GRANT/RENEWAL OF LICENCE FOR FISHING IN THE SPECIFIED AREA

(See sub - rule (1) of rule 8)

*Two Passport size photos to be attached

To

The Authorised Officer,

____________________ .

Sir,

I/We ______________ of __________________ being the owner of fishing Boat called the _________________hereby apply for grant/renewal of fishing licence. Necessary particulars for this purpose are furnished below:

The Certificate of Registration and Insurance policy in respect of the fishing vessel referred to in item (5) and (13) of application form are also submitted herewith for verification and return thereafter.

I/we, hereby, declare that I/we shall not engage or carry or allow to be engaged or carried on board any fishermen or crew unless the said fishermen or crew is covered by adequate Life insurance/insurance against professional hazards.

I/we, hereby, further declare that I/we shall renew insurance coverage for the fishing vessel before expiration of the last date stated in item No. 16(e) of the application form failing which fishing licence granted in terms of this application shall stand automatically cancelled.

I, ________________ hereby declare that the information furnished above are true to the best of my knowledge and belief.

Place:

Date:

Signature/Thumb-impression of the applicant

FORM XI

CERTIFICATE OF LICENCE FOR FISHING IN THE SEA

(See sub-rule (6) of rule 8)

 

Place:

Date:

Signature and seal of Registering Authority

Conditions of the Licence

1.        Any change in fishing boats name other markings design capacity of the vessel should be effected only with the prior approval of the registering authority.

FORM XII

APPLICATION FORM FOR ISSUE OF DUPLICATE CERTIFICATE OF REGISTRATION OF A FISHING VESSEL OR LICENCE FOR FISHING OR CERTIFICATE OF REGISTRATION OF A BOAT BUILDING YARD/FISHING NET MANUFACTURING UNIT/SUPPLYING UNIT

(See sub-rule (2) and (3) of rule 10, sub-rule (2) of rule 25)

 

5. Reason for applying for the issue of duplicate licence or registration Certificate

6. Period of validity for original:

7. Details of the fee paid-

I, ______________________ hereby declare that the information furnished above are true to the best of my knowledge and belief. I agree to obey the orders of the authorised officer and abide by the provisions of the Tamil Nadu Marine Fishing Regulation Act, 1983.

I also agree to return the duplicate licence/Certificate of registration if the original is traced.

Place:

Date:

Signature/Thumb impression of the applicant.

FORM XIII

RETURNS TO BE MADE BY OWNERS OF REGISTERED FISHING VESSELS

(See sub-rule (2) of rule 14)

I, ________________________ hereby declare that the particulars furnished above are true to the best of my knowledge and belief.

Place:

Date:

Signature of the owner of the vessel

FORM XIV

FORMAT OF SEIZURE MAHAZAR

(See sub-rule (1) of rule 21 and sub-rule (1) of rule 22)

In exercise of powers conferred under section 15 of the Tamil Nadu Marine Fishing Regulation Act, 1983 read with sub-rule ___________ of rule __________, I Thiru/Tmt. ____________________, Inspection Officer authorised by an Order No. _____________ dated ___________, by the Authorised Officer of _____________ jurisdiction, hereby seize the following items on _______________ at ______________ from Tmt./Thiru ________________, owner of fishing vessel registration No. _________________ and fishing licence no. _______________________ :

Place:

Signature of Inspection Officer

(Name, seal and date)

Witness:

1.        Name, Address and Signature

 

2.        Name, Address and Signature

Copy submitted to Authorised/Adjudicating Officer, __________________ jurisdiction.

Copy of Seizure list handed over to Shri __________________, Owner/Crew Member/Fishermen of the seized item

Received copy

Signature of Owner/Crew Member/Fishermen (Name, Address and Date)

FORM XV

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FORM XVI

APPLICATION FOR THE RENEWAL OF DRIVING LICENCE/ISSUE OF DUPLICATE DRIVING LICENCE TO DRIVE A

MECHANISED FISHING VESSEL

(See sub-rule (2) of rule 12 and sub-rule (2) of rule 13)

To

The Authorised Officer,

..............

..............

Space for Passport size Photograph

I, Thiru/Thirumathi/Selvi ............................ son/wife/daughter of Thiru ........................................ hereby apply for the renewal of my driving licence which is attached/Duplicate/Driving licence and particulars of which are as follows: -

1.        Number of the Driving Licence :

 

2.        Date of issue :

 

3.        Licensing Authority by which the licence was issued :

 

4.        Licensing Authority by which the licence was last renewed : Number and date of renewal :

 

5.        Date of expiry of licence to drive a mechanised fishing vessel :

If the licence is not attached, reasons why it is not available? : ......................................

If the licence was not renewed within thirty days of date of expiry, reasons for delay : ......................................

I have not been disqualified for holding or obtaining a driving licence. My licence has not been revoked.

I enclose a Medical Certificate Form- 1A

I enclose three copies of my recent photographs (Passport size photograph)

I have paid the renewal of driving licence/duplicate driving licence fee for Rs.. .................................

I have enclosed the Non Traceable Certificate issued by the Police Dept.(for Duplicate driving licence) I hereby declare that to the best of my knowledge and belief the particulars given above are true

Signature or thumb impression of the applicant

Date:

Name :

FORM XVII

DRIVING LICENCE TO DRIVE A MECHANISED FISHING VESSEL

(See sub-rule (8) of rule 11)

Holders signature Issuing Authority/Authorised Officer

FORM XVIII

APPLICATION FORM FOR REGISTRATION OR REVALIDATION OF REGISTRATION OF FISHING BOAT BUILDING YARD, FISHING NET MANUFACTURING UNIT/SUPPLYING UNIT.

(See sub-rule (1) of rule 23)

To

The Authorised Officer,

____________________ .

Sir,

I/We the undersigned being the owner/partners of the firm hereby apply for registration of the said firm. Necessary particulars for this purpose are furnished below:

1. Name of the firm

: _________

2. Details of Owner(s) of the firm :

3. Type of firm : _________ (Boat building yard, fishing net manufacturer/supplier, etc.)

4. Principal place of business : _________

5. Start of business : _________

6. Other places of business : _________

I/We do here declare that the above statement is true and correct to the best of my knowledge and belief.

Place:

Date:

Signature/Thumb impression of the owner (s)

FORM XIX

CERTIFICATE OF INSPECTION OF FISHING BOAT BUILDING YARD, FISHING NET MANUFACTURING/SUPPLYING UNIT

(See sub-rule (4) of rule 23, sub-rule (5) of rule 24)

Signature of the Inspection Officer

FORM XX

Certificate of Registration

(FISHING BOAT BUILDING YARD, FISHING NET MANUFACTURING/SUPPLYING UNIT)

(See sub-rule (7) of rule 23)

I hereby certify that ________________________________________ (Name of the Firm) is registered as__________________________________ (Type of firm) on this ________________ day of ___________________(Month) ___________________ (Year) under section 10-A of the Tamil Nadu Marine Fishing Regulation Act, 1983. The GST number of the firm is ______________________

Registration number

TN - District Code - Type of Firm - No.

Dated ____ day of ______ (month) ______ (Year)

Signature and seal of Registering Authority

Mailing address as per record available in the office:-

Name of the Owner:

Address:

Note: FBBY- Fishing Boat Building Yard; FNM- Fishing Net Manufacture: FNS- Fishing Net Supplier

FORM XXI

DEFECT LIST

(See sub-rule (4) of rule 27)

To

The Owner(s),

Fishing Vessel ________________ (Name)

Registration No. _______________

Registered with Authorised officer _________________

Sir/Madam,

I have inspected the above fishing Vessel in accordance with the Tamil Nadu Marine Fishing regulation Act, 1983 and following repairs are required to make good the defects :-

Inspection Officer with seal

Dated _____________ at ______________