Inland Fisheries Management Regulations of 1996

THE FISHERIES AND ACQUATIC RESOURCES ACT, No. 2 OF 1996 REGULATIONS made by the Minister of Fisheries and Aquatic Resources Development under section 61 of the Fisheries and Aquatic Resources Act, No. 2 of 1996. INDIKA RUPASINGHE GUNAWARDENA, Minister of Fisheries and Aquatic Resources Development. Colombo, 31st October, 1996. Regulations 1. These regulations may be cited as the Inland Fisheries Management Regulations of 1996 and shall come into operation on the first day of December, 1996. 2. These regulations shall apply to and in relation to all parts of inland waters of Sri Lanka. 3. No person shall, except under the authority of a licence issued by the Director or by a licensing officer specially authorized in writing by the Director in that behalf, use or operate any type of fishing gear other than a rod and line for the purpose of taking fish in any part of the Inland Waters described in the Schedule hereto. 4. A licence shall not be issued under these regulations for the following types of fishing gear or boats: (i) Any net of mesh size 85 mm or below; (ii) Any surrounding or towing net (such as madel, purse seine, trawl net); (iii) Any trammel net; (iv) Any net made of monofilament netting material, (v) Any mechanised boat. 5. Any person, being the owner of a boat or fishing gear equipment, who wishes to obtain a licence under regulation 3 may make a written application substantially in Form “A” set out in the Schedule hereto, to the Director or a licensing officer specially authorized in writing in that behalf by the Director to receive such applications together with the licensing fee: (a) of Rupees Fifty (Rs. 50.00) in the case of a set of gill nets; (b) of Rupees Twenty-Five (Rs. 25.00) in the case of other fishing gear. 6. on receipt of an application for a licence the Director or the licensing officer may, after such inquiry as he may deem necessary, either issue to the applicant a licence in Form “B” in the Schedule hereto or, refuse to issue a licence and refund the licence fee. 7. Every licence issued under these regulations shall be valid for one year from the date of issue. 8. Every licence may be renewed by the Director or the licensing officer as the case may be, for a further period of one year on payment of a renewal fee (a) of Rupees Fifty (Rs. 50.00) in the case of a set of gill nets; (b) of Rupees Twenty-five (Rs. 25.00) in the case of other fishing gear. 9. The Director may from time to time limit the number of licences that may be issued in any area forming part of inland waters brought under these regulations in respect of each type of fishing gear or suspend licences for a specified period having regard to the sustainability of the resources in any area or a particular water body. 10. A licence may be cancelled by the Director (i) where the licensee has contravened any of the provisions of the Fisheries and Aquatic Resrouces Act, No. 2 of 1996 or any regulations made there under or any condition contained in such licence; or (ii) where the Director wishes to act under regulation 9 (in which case the licence fee shall be refunded). Notice of cancellation shall be sent by registered post to the last known address of the licensee. 11. Where the Director or a licensing officer refuses to issue or renew a licence or cancels a licence under these Regulations such decision shall be communicated to the applicant by registered post. The applicant may appeal against such decision in writing to the Secretary within thirty days from the date of communication of the decision. The appeal shall set out the grounds upon which it is made. 12. The decision of the Secretary on any such appeal under regulation 11 shall be final and conclusive. 13. In these regulations, unless the context otherwise requires “Director” means the Director of Fisheries and Aquatic Resources; “Inland Waters” means any public river, lake, estuary, lagoon, stream, tank, pond, channel and any other public area of fresh or brackish water in Sri Lanka; “gill net” means a net set at any depth, surface, mid water or at the bottom layers of waters; “Secretary” means the Secretary to the Ministry of the Minister appointed under Article 44 of the Constitution to be in charge of the subject of Fisheries and Aquatic Resources Development; “set of gill nets” means a unit consisting of not more than six gill nets; “Surrounding net” means a net set in water covering all sides except the surface of the water, “trawl net” means a trawling net having a cone-shaped body and a bag or code end or ‘madiya’ connected to the apex with or without two wings connected to the other end; “trammel net” means a net which is made out of three nets placed one over the other, the middle one having the smaller sized mesh and the other two nets having relatively larger sized mesh. [Regulations 5 and 8] SCHEDULE Form “A” APPLICATION FOR ISSUE/RENEWAL OF INLAND FISHERIES MANAGEMENT LICENCE (TO BE SUBMITTED IN TRIPLICATE) This application form is in respect to the operation of a fishing unit in inland waters. Where the fishing unit includes a boat, this form is to be completed by the owner of the boat. Where the fishing unit does not include a boat, this form is to be completed by the owner of the fishing equipment. 1. Identity of Applicant: (a) Full name of the applicant :–––––. (b) Permanent address of the applicant :–––––. (c) Mailing address of the applicant :–––––. (d) National Identity Card No of the applicant :–––––. 2. Particulars of inland waters where fishing is to be carried out: (a) Names of rivers, lakes or other water body:–––––. (b) District (s) where fishing will occur:–––––. 3. Particulars of the fishing gear to be used: (a) Type of net (type 1):–––––. (type 2) :–––––. (type 3) :–––––. (b) No. of nets (type 1) :–––––. (type 2) :–––––. (type 3) :–––––. (c) Av. Length of nets (type 1) :–––––. (type 2) :–––––. (type 3) :–––––. (d) Av. Depth of nets (type 1) :–––––. (type 2) :–––––. (type 3) :–––––. (e) Mesh size of nets (type 1) :–––––. (type 2) :–––––. (type 3) :–––––. (f) Type of lines (type 1) :–––––. (type 2) :–––––. (type 3) :–––––. (g) No. of lines (type 1) :–––––. (type 2) :–––––. (type 3) :–––––. (h) Av. Length of lines (type 1) :–––––. (type 2) :–––––. (type 3) :–––––. (i)Av. No. of hooks (type 1) :–––––. (type 2) :–––––. (type 3) :–––––. (j) Type of other gear (type 1) :–––––. (type 2) :–––––. (type 3) :–––––. (k) No. of units of other gear (type 1) :–––––. (type 2) :–––––. (type 3) :–––––. 4. Description of the boat to be used in the fishing operations : (a) Type of boat :–––––. (b) Length of boat :–––––. (c) Tonnage of boat :–––––. (d) Registration No :–––––. 5. The number of persons who will be employed by the applicant : (a) The number of crew (incl. Skipper) to be engaged in the fishing operation :–––––. (b) The number of additional persons to be engaged in curing and connected activities :–––––. 6. Particulars of the landing site (s) : (a) Name of the landing site (s) :–––––. 7. Particulars about the use of Wadiyas (as relevant) : (a) Number of persons to be housed in Wadiyas :–––––. (b) Name the intended location of the Wadiyas :–––––. 8. Particulars about the vehicles intended to be used for the transport of fish and other connected activities : (a) No. of trucks :––––––. (b) No. of utilities :––––––. (c) No. of tricycles :––––––. (d) No. of bicycles :––––––. 9. If this is an application for the renewal of a licence, then give the following details : (a) Previous Fishing Licence No :––––––. (b) Date of issue :––––––. (c) Date of expiry :––––––. (d) Name of issuing officer :––––––. (e) Designation of issuing officer :––––––. (f) District of issuing officer :––––––. I certify that the foregoing is a true statement of facts to the best of my knowledge. If successful, I undertake to abide by the fisheries regulations and the conditions of the licence. –––––, Signature of the applicant. Date :–––––. For office use only Comments by the Fisheries Inspector / Field Officer :–––––. ––––. Signature of officer. Name :–––––. Designation :–––––. Area :–––––. Date :–––––. RECOMMENDATION OF THE ASSISTANT DIRECTOR OF THE DISTRICT/DISTRICT FISHERIES EXTENSION OFFICER I recommend that the applicant of be granted/not granted a licence to engage in the fishing operations as described, subject to the following conditions : If licence not recommended, reasons are :–––––. –––––, Signature of officer. Name :–––––. Designation :–––––. District :–––––. Date :–––––. Form “B” LICENCE ISSUED UNDER INLAND FISHERIES MANAGEMENT REGULATIONS ––––– of ––––– is hereby authorised under the Inland Fisheries Management Regulation 1996, to use, operate or cause to be used or operated the under-mentioned fishing gear and craft for the purpose of taking fish from ––––– situated at ––––– in the District of ––––– subject to the conditions set out in this licence. (a) Particulars of fishing gear : Type of gear No. of Units Mesh sizes (if applicable) (b) Particulars of craft (state whether Oru, Vallam, Teppan, etc.) : Type of Craft Length of Craft Registered No. –––––––––––, Signature of Director of Fisheries and Aquatic Resources / Licensing Officer. Date :––––––. CONDITIONS (1) This licence, unless earlier cancelled or revoked, will be valid for a period of one year from the date of issue. (2) The licenee shall produce or cause to be produced this licence for inspection whenever called upon to do so by any State officer authorized by the Director. (3) The licensee or any person in the service or employment of the licensee shall not, under the authority of this licence – (a) use, or cause to be used, any fishing gear or any type of craft other than the fishing gear or type of craft specified herein; (b) interfere with, or damage, any irrigation work or installation in the Inland Waters specified in this licence ; (c) Interfere with, or damage, any pen, net cage or any other aquaculture holding facility installed in the inland waters specified in this licence; (d) erect or cause to be erected any wadiya or other structure for any purpose connected with any matter in respect of which this licence has been issued otherwise than as directed by the executive engineer of the area or his representative; (e) take or cause to be taken for any purpose connected with any matter in respect of which this licence has been issued any vehicle over any irrigation work, bund or road in contravention of any order made by the executive engineer of the area; (f) take or cause to be taken from the Inland Waters specified in this permit the following varieties or sizes of fish. viz. : (i) –––––––. (ii) –––––––. (iii) –––––––. (g) drain into or deposit in or cause to be drained into or deposited in any Inland Waters specified in this licence any fish waste, refuse or any kind of fish whatsoever; (h) pollute or cause to be polluted the Inland Waters specified in this licence or its immediate environs. (4) The licensee shall transmit to the Director true and complete particulars of all activities carried on by him under the authority of this licence when requested by the Director.