West Bengal Marine Fishing Regulation (Amendment) Rules, 1998

l{;~gis/CJ"cd No. 1,VBISC~32() Extraordiuery Published by Authority No. 85(1) CAITRA 4] WEDNESDAY, MARCH 25, 1998 [SAKA 1920 PART I-Ordel'S unrl Notlflcatlous hy the (;ovcnllw of Wext Bell~al, The High C:OIII't, (;ovcnllllen( Treasury, etc. GOVERNMENT OF WEST llENGA..L WEST BENGAL MARINE Flt-;HING RE(;ULATlON (AMENDMENT) !WU~S, lYY~ NOTIFICATION No. 503-FishJC-VII A-2J90 Pt, I.-12th March 1998.-In exercise of the [lower conferred by section 25 of the West Bengal Marine Fishing Regulation Act, 1993 (West Bell. Act IX of 1993), the Governor is pleased hereby to make the lolkiwing amendments ill the West Bengal Marine Fishing Regulation Rules, 1995 : Amendments In Ihe Wl:s\ Bl:ngal Manne Fishing Rcgulauon Rules, IYYS (hereinafter referred tu as the saiJ rules), (I) ill sub-rule (1) of rule 1, omit the word "Regulation" ; (2) in rule 3, (II) in sub-rule (7), after the proviso, insert the following Note : "Note: The Slall.:Government shall, by order, prescribe trorn time 10 lime the need based specification or fishing vessel lobe allowed for Sl:H going purpose to be mentioned in Form No. lvlFR-I.", (iJ) [0 sub-rule (lI), odd the following NOle "NOLl: :Every fishing vessel, mechanised or non-mechanised, shall have on board, while fishing, atransistorradio orsuch tclccorumunication equipment as will be prescribed by the Stale Govcrnmcnt Irom Lime to tunc for the PUrPOSl: or receiving meteorological forecast regarding weather, oceanic hazards and other informative matters." : (c) alter sub-rule (12), insert the following sub-rule : (13) All seagoing fishing vessels shall have on board till: following appliancl:s!arrangl:lllenlS while OIl fishing voyage : (a) life-saving and fire-fighting appliances, Lhalis to say, (i) for every person on the boat, there shall be a lilc jacket, approved by the Marcarnile Marine Department; (ii) there shall he two lifebuoys to be hung Oil each sidl: of the vessel of which one shall have a scll-iguiting light attached by a lifeline; (iii) there shall be a foam-type fire extinguisher in the engine room; (iv) there shall be two buckets with sands (0 put out fire; (1') I.lH:re shall be installed a search ~U1d rescue transponder (SART) in thc vessel ; (h) other arrangements shall be as follows : (i) Painting Whccl-Housc/Cauopy-top .The wheel-house/canopy-top shall he painted in luiglu orallgclycllow colour and rcgisuution numbcr SIUlII be painted in hold letters lor easy idcntillcntion ofthe vcssol by till' Coast Guard Aircraft ; (ii) Fl<lg Victor: nag victor shall be flown in most conspicuous position so that other vessels such as Coast Guard and Indian Navy and Murchant Vessels, know that the fishing vessel is in distress and needs asxixtaucc : 20S THE CALCUTTA GAZETTE, EXTRAORDINARY, MARCH 25,1998 (iii) Distress Signals: tile following shall be cunied in each vessel, and the usc of the same may also he imparted to all crew members : (A) three band hold flares or rocket Ilaros with red light; un three smoke signals giving orgango smoke; . (C) two all round red lights displayed vertically OIlC above the other with a separation of the meter Oil the mast from sunset to sunrise during distress; (iv) Communication Sets : (1I) all mechanised vessels shall carry one wireless set with channel 16 and alternate two channels in consultation willI Central Wireless Wing; (b) all deep-sea fishing vessels shall, in addition to the above-mentioned set, carry Radio Transistor set, Fixed frequency ill 08/03 kilometre range shall btl allotted; (v) Master Log Boo" : every fishing vessel shall, before starting voyage, enlist its p<ULi<..uh:rs in M<l~ler Log Book to be maintained by the Fishermen Associations in all harbours/landing centres in the form set out below : S1. No. Registration No. 4 Expected lime or Arrival witl: (!<lIe 7 Dale and time of departure 2 Owner/Skipper Name/crew list 5 Quantity of fuel and \Vah.:r carried Name of the vessel with colour 3 Area of operation 6 Remarks 9 (I'i) Magl/etic C(JIII[}((.I'.I' and Aneto«! Haml/ie/a : It is a mandatory equipment 10 C,lJTy a magnetic cil/llpass and aneroid barometer so ,IS 10 interpret the d irccuon and weather in area based on pressure variant. Training may btl imparted accordingly; (l'ii) Provision ofSai! : every vessel shall have facilities lo erect and carry on telescopic mast, and a sail for wind propulsion in case of emergency. All vessels shall be ill possession of sail materials, preferably made or Polypropylene, so as io utilise them for reaching shore ill case of engine failure. The sail mast shall be paillled with fluorescent orange paint for early idcmifionion by aircraft ; (viii) lVa{er, Food and Clothing: sufficient food and clothing (of protective nature against cold and rain) shall he carried by a1l vessels at all limes ;" ; (3) in rule 4, (a) for sub-rule (3) . .substitu:« the following sub-rule : "(3) Every fishing vessel shall he covered by adequate insurance coverage against less/damage arising out orprofessional hazards/natural calamity, with provision for relaxation 111at such insurance coverage may not he insisted upon at the time of registration. Note : At the time of rcgisuuuon or renewal of fishing licence for all categories of vessels, a lis: of crew to bl' cllgagcd in n.,hing voyage with (Jwir full pllI'(iclIbrs shall he submitted by the owner/owners ofthe vessel to provide wiIII indi vidll;1! idcntily curd. In Ilw case 01WI}'ch;lIlge in crew llIelll bcr», SlIell d l<lll!~e sh:d l he III ought til IhL'EloliCl~ of tile authoruy concerned immediately to enable it to issue necessary identity card lor the new crew." ; (h) for sub-rule (16), substitute the following sub-rule : "( 10) The owner of a fishing vessel, holding a valid licence, shall submit to the authorised officer an annual return ill Forlll No. IVIFR-/O within the lst ruonth Df the following year Dr fishing licence period." ; (4) ill rule 5. (a) for clause (II) of sub-rule 0), substiuue the following clause. : "(a) With a view lo regulating fishing by different classes of fishing vessels and having regard to tile provisions of section 4, the territorial wale!"of UlC State shall be divided in 2 fishing zones as shown in table below: TallIe 1. Class oJjisilil1g vessel: Vessel fitted will) 30 horse power engine including traditional and non mechanised ones Fishing Zone Zone A Specified area for fishing: Territorial waters up to 15 Krn. 2, Class or fishing vessel : Vessel fillet! with engine Dr more than 30 horse power. [I\\RT [ THE CALCUTI'A GAZETTE, EXTRAORDINARY MARCH 25, 199B 207 Fishing Zone ZoneB S/)('dfied arc« of fishing : Territorial waters beyond 15 kilometres. Nn!\.' : (I) Distance in kilometre shown ill column 3 of the table denotes shortest distance [rom shore line, (2) Tcrritoriul waters shall have the same meaning as in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976. (80 of ]976)", (lJ) altcr sub-rule (3), insert [he following sub-rules : "( -l) The use of Shooting or Bchundi or any other bag-net made of mosquito netting-cloth for the purpose of catching seedling or marine fish species, including prawn, in the coastal areas, estuarine mouth, canals and creeks including the Sundarbau area or the Slate, shall be strictly prohibited in accordance with the provisions orclause (d) of sub-section (I) or section 4 for tile purpose of fishing, and the Wild Life (Protection) Act, 1972 (53 of 1972) 1'01' the purpose of protection or wild life. (,'i) The fishing in the areas as aforesaid shall be restricted within the months ofJuly to February and the period within the months or March to June shall be observed as "Closed Season" when there shall be no fishing for the purpose or Illainlaining conservation measures ami scientific fishing in accordance with the provisions or section 4" : (5) in Schedule 1. (Ill in the hCildlllg, omit the words "I\NIJ PRICES TIIEREOF" ; (/J) In the second column headed "Particulars", in the entry ugains: "MFR-IO" in the first CUIUIllII headed "FORM NUiVII3ER". lor tlle word "Monthly", 'suhstiuue the word "ANNUAL" ; ((') omit Ih« third column headed "Price in Rupees" and the entries in that column; Itll om lt ihc Nole ; (()) lor Schedule II, substitute the following Schedule :~ "SCHEDULE II FEES P..\.YABLE FOR REGISTRATiON, TRANSFER OF OWNERSlllP, CHANW!: OF PRINCIPAL FlSlllNC BASE AND REPLACEMENT OF ENGINE. [See rule 3(6) of the West Bengal Marine Fishing Rules, 1995] I )l'slTiplinn \)1' (I.,hlllg vessel I. f\kcklllisl'd Iishillg Yl':'>"cl prupclh.:\\ hy an cnuinc (}l~ \lI) IIOl mIll'\: lilan \OIHH:'>l' pOIVcr " (/1) nlon; tllall :10 hor:'>c power 2. Non-mechanised country emil p\l\\'cn.:d hy nan; :lIld sads Registration Rs, 30.0f) Rs. 50,00 Nil Transfer of ownership Rs, :W.OO Rs.50.00 Nil Change or principal fishing base Nil Nil Nil Replace ment of engine Nil Nil Nil Till' tees arc subject to revision under rule 3(6) or the West Bengal Marine Fishing Rules, lQ95" ; (7) lor Schedule lll, substiuue the following Schedule : 211X THE CALCUTTA GAZETTE, EXTRAORDINARY, MARCH 25,1998 I p~.wr r "SCHEDULE HI FEES I' AYABLE FOR I?lSHlNG LICENCE AND PENALTY FOR DELAY IN RENJ~WAL OF FISHING LlCENCE \See rule 4(8), and rule 4 (\ 3), or Lhe West Bengal Marine Fishing Rules, 19951 Dc.\criptioj} oj ri~Ilin!,! vessel I. Mechanised fishing vcssc! powered and pml'dh.:d hy an el\~inc ur~ (II) not 1J\11re than 30 Illlrse power (Ii) nl\1I"I: than 3D horse power 2. Nou-mcchuuiscd country l'lilrl powered by O,lJS <lIHI sails Fishing liccncc/rcucwal of fishing licence Rs. 30.00/Rs. 30.00 Rs. 50.00m.s. 50.00 Nil/Nil Penalty for delay in renewal for every month or part of a month, Rs.30.00 Rs.50.00 Nil Rs." ; Rs," ; Rs. H; Rs, "; Rs." ; Rs. "; The kcs are subject to revision under rule 4(8) oitnc West Bengal Marine Fishing Rules, 1995." ; (,\) in Schedule IV, for UlC figures" 1994", substiuue the ligures "1995" ; «()) in Form No. MFR 1, (ef) lorthe Iigurcs "19 tH", subxritutc the figures "1995"; (iJ) onii! the word and letters "Price: Rs. (I Ii) in I'ImB No. MFR2, omit the word and letters "Price: (J Ii in Form No. rvlFR 4, omii the word ami letters "Price: (/:n in Forlll No. lVIFR 5, omit the word and letters "Price: (/3) in Form No. Mf'R 6, Olllillhe word and letters "Price: (/·n ill Form No. MPR 7, omit the word and letters "Price: (15) ill Form No. f'dFR 8, otuit the word am! idlers "Price: (I(Jj in Form No. MFR 10, (rli 111 the heading, for the word "Monthly", substitute the word "Annual" ; (/I) 1m (ill' word "month" in the two places where it occurs, substitute the word "year" ((') in IIle NUll'.·· ri) ill l"iausl' l , fur the word "Monthly". '~'/{!JSlillll(' tile word "Annual" ; Iii) lor clause 2 . .substituu: the rollowing clause :~ ''.'. i\JllI11<l1 Return for the year under report shall bc sulnniucd within I Ill; lnst date olthc first month of [he following year." : (Iii) lur claus!::', substiuue the following elause: ',.11' there is no fishing in a ycnr, a"Nil" report Iorthc year underreport against item Nos. 6. 7 and Ssllall be submitted within one munth of the following year'. By order of UlG Governor, R. K. TRIPAT1-ll, Secy, to the Govt, of WeSt Bengal. l'I'inll'd hy the Superintendent, Government Printing. West Bcugul and published by the Controller of Printing lind Stationery, West Bengal. ,11 (he Wc:sl B"llg;J! Gil"!. Press, Alipore.