Andaman and Nicobar Islands Fisheries Regulation, 1938

REGULATION I OF 1938 A REGULATION TO Pro vi de for th e control of sea f ish in 9 in th e waters. , surrounding the Andaman and Njcobar Islands Wh",re as it is expedient to provide for the control o~ sen fishing in the waters surr ollll{lln] tll Q All t1a In nn and N ico ua r 1sl arids: I t is heJeby' en ac te d as f'o.llov... s : 1. SHORT TITLE, EXTENT AND COMMENCEMENT': 1) This Regulation may be c alle d the Aridarnan and Nicobor Islands Fisheries negulatiol1, 1938. 2) It extends to the Chief Commissioner's Province ot the Andaman and Nicobar Islands. 3) It shall come into force on such date as to the Chief Commissioner may by 'notification in tho official Gtlz.ello appoint : 2. DEFINITiONS: ln this regulation, unless there is anything repugnant in the subject or conte xt : 1) Fish includes' turtle, estuary tortoises, sea-slugs (bache de mer) arid shell. fish and' fishinU' with its qr arn mat ic al v ar iations includes the catching of tur tle estuary tortoises or the collecting of their eggs, and the collecting of sea sluq (be che de m~r), Shell-fish or nacre including trochus and turbo she lls: 2) "Fishery Officer" mCOl1S • <1) any Officer Co rnrnartdinq a ship of His' Mojp.sty's ROyJI Navv or Floval lndlan Navy and b) any person appointed by or under the authority of the Chief Commissioner to !be- a Fishery Officer for the purpose ,:of this Regulatio!1; ,,'fishing implement·,' means any impl~ment; weapon or contrivance, movable or stationery, used in or adapted for the use in fishing. 3. LICENCE TO FISH;· No pers on sh al] fish in the \'\'Jler$ surround inq the Andnman end Nicobar Islands unless he possess a liconce issued by or under the authority at the Chid Commissioner entitling him to do so, nor otherwise than in accordance with the conditions contained in ihe licence. Provided that ;th~ Chief Commissioner m<Jy,· by no rific ation in the of llcia! Gazette exempt any person.o r any specified class of persons, either absclutelv or subject 10 specified c onditions from tho provisions of this section. 4. POWEH TO LEASE OUT RIGHT TO FISH :-: Subject to control of tho Chief Commissioner, tho Deputy commissioner, port Blilir: may 'in .accordance with the, rules made under section 12 grant' to any person aIease of the right to fish for any specified kind or kinds of any part of the waters surrounds the Andaman and Nicobar Islands. 5. PENAL.TlES:~ Whoever contravance the provisions of section 3 shall be punishable with imprisonment, which may extend to six months or with fine which may extend to one thousand rupees or with both, 11 Whoever not being a person exempted from taking outlibence , without the permission of the Ieasae fishes in any waters lor fish in respect) of which e lease has been granted under section 4 shalf be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees or with both. 6. Duty and ncwers of Fishery officers in prevcntini( offences : , ,I s i . i) A Fishery Officer may interpose for the purpose ;,o(:pr.eventing, and shall to the best of; his ability prevent, Ole commission .of an 'offence punishable under section 5. ii) A F:shery Officer knowing of a design to commit an offence punishable under section 5 may arrest without orders from a Magistrate and without warren! the person so designing, .if it appears to him that the commission at the offence cannot otherwise be pr evente d. 7. Power to arrest without warrant in certain cases r i ) A tisherv Officer may without an order from a rvraqis trate and Without 3 warrant. arrest any person who has been concerned irl an offence punish able under section 5 or whom he reasonably suspects of! having been so concerned if such person refuses to give his name and address or gives anarne and address which the Fishery Officer bclicve s to be false or it the Fishery Officer lias reason to believe that he will abscond. ci) A Fishery Officer making <lrI arrest under se ction 6 or under Sub-Section (1) of this section shall without ne ce ssery de lay lake or, send the person arrested j l . ~ , I I before 'a Magistrate having jurisdiction in the, case.: 8. Power t~' inspect and seizu : i) A Fishery Officer may inspect anv fishing irnploments or any li~:i in the possession of or under the control of any person whom 'he reasonably suspects of being or h<1ving been concerned in jishing in contravention of this RegulJtion, and may for such purposes enter any premises, buildina or ve ssel owned or occupied by such persons; and. if he has reason to believe that any vessel or fishing implements have been used or that any fish has been obtained in the course of the commission of any offence against this Regulation, he may seize such vessel, implements or fish.' ii) A Fishery Officer making a seizure under Sub-Section (i) shall as soon as may be report such seizure to the Magistrate having jurisdiction to try the offence in connection with which the seizure was made, and shall unless the property siezed is perishable or not easily transportable: at the same time send the property to the Magistrate. ! iii) Whoever obstructs a Fishery' Officer in the exercise of his powers under this section shall be punishable with lmprisonrnent which may extend to six months, or with fine which may extend to one thousq'pd rupees, or with both. 9. POWER TO CONFI5.CATE : Where any person is convicted of an Off~rC~.\fjP~.llishable under section 5, the Chief Commissioner may in addition to any p~~a,hy 'irpl?osed by the Court trying the offence make an order forelieling to His Majesty Fny vessel or fishing implements used ifl and any fish obtained in the course qf, the 'commission of the offence. 10 SPECIAL RULE OF PROCEDURE: Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898) orin the Indian Evidence Act 1872{1 of 1872) a written report made or a telegraphic report sent by a Fishery Officer, being-the Commanding Officer or a ship of His Majesty's Royal Navy or Royal Indian Navy, any be admitted in evidence in any trial of an offence punishable under section 5, without such officer being examined as a witness or called to prove such report. 11. JURISDICTION: NfJ offence punishable under section 5 shall be 'trie d by any Magistrate except a Magistrate of the First Class. 12. POWER TO MAKE RULES: i) The Chief Commissioner may by notification i~ fhe:'ClWcial Gazette, make rules for the purpose of carrying into, errect lh~ prqYisiOI~s of this requlatlon. I I ,; 'It ·r , • /"j 'l ii) .lr~ particular and without prejudice to the .~"'''M''lity of the foregoing power, rules . made under this section may provide f,or ':';'; a) the issue of licences under sactlon p:)~el {conditions to' be contained, therein and the charges to be made thereoO . I I II,~ . b) tho gr anting of 10 ases un der seqlion~J 4,' I ~ J~' ~ ;: c) the disposal of properly seized iU('Pl;fli section 8, when perishable or not easily transportable. a) the mariner in which effect shall be given to forcfieturesordered under section 9, e) the prohibition of the catching 'of certain kinds of fish, either wholly of by particular methods or implements, or in certain Iocalitites, In exercise of the powers conferred by section 96 of thaGovernment of Indio Act, 1935, I hereby made this Regulation. The 19th day of November, 1938. L1NLlTHGOW Governor General PROVINCIAL GO\/ERNMENT, NOTIFICATION Dnted at Port Blair, the 30th March, 1939 No. 10 of 1939 Under Sub-section (3) of section 1 of the -Andarnan end f,'Jicobar Islands Fisheries Regulation, 1938 (1 of 1938), I declare that the said Regulation, shall come into force on the 1 st April, 1939, No. 11 01 1939 - Under sub-section 2 (b) of Section,2 ol the Andaman & Nlcobar Islands Fish~ries Reaulation, 1938 (1 Of 1938), I appoint lhe!/t'aIlOWing persons to c e Fisher)' Officers ~or the purposes of the said Regulation :r .. ' ,, The En~!neer & Harbour Master. Port Blair The Commandant Military Police, Port Blair The Chie i Forest Officer, Port Blair I; The Asst. to the Chief Forest Officer, Port Blair , , The- Officer lncharqe North Andaman Division, Stewart Sound. : i I,:' The Of(icer lncharge South Andaman Division, Long Island The Deputy Commissioner, Port Blair The Asst. Comrriissioner of the Nicobars, Car Nicobar .. r . The Tahsildar , "Nancowr!e, C. F. WATERFALL f Chief Commissioner ,A & N Islands. , PROVINCIAL GOVERNM ENT i '; NOTIFiCATION ,; • "j " ','. £.' f~ 'I . ; l -, ~. I DATED AT FjORl) ~L4>lR. THE 30th',MARCH, 1939 N~. 12 of 1939 Under section 3 of the Andaman and Nic~bar islands Fisheries Regulation • '. I· 1938 ( 1 of 1938 ) ! exempt the following classes !Jf person subject to the conditions , I t: ' indicated against them from taking out fishing licenc~,~ ~flger the said section :~ i) Members of the aboriginal tribes of the Andal~,~'nh~ndNicobar Islands when fishing with their customary implements for sports or: [or.their own consumption or use . I-d ~ I . . . I ii) All residents in the Andaman and Nicobar ISla7,~s~::ailofficers and crews of ships of His Majesty's Royal Navy crRoyal Indian Navy;afJ,~ pf.ships chartered by govern ment and all government officials visiting the Andarnan and Nicobar Islands on duty .-. I,j: when fis~ing with rod and line or with hand Iin:y) f 9.f; il?ort or for their o\~;n consurn ption, ;,oriuse and (,' ~ , iii) All talabdar convicts in Port Blair when fishing under. the orders of the Deputy Commissioner. C. F. WATERFALL CHIEF COMMISSIONER 1;\, & N ISLANDS Ordy. Gazette, No.3 dated 5.4.1956 . NOTIFICATiON Port Blair, the 13th March, 1956 No. ANIEF{3{1 ~ In exercise of the Powers conferred by the provision to section 3,of the Andaman and Nicobar Islands Fisheries Regulation, 1~38 (Regulation I of 1938) and in supersession of his notification No. 12 of '1939, dated the 30th March, 1939 the Chief Commissioner of the Andaman and Nicobar Islands is ~feased to exempt the following classes of persons from the provision of the said :section subject to the conditions specitied therefore and also subje ct to the provjsiolf~lof,sub.rule (2) of rule 5 of the } It;! I. Andaman and, Nicobar Islands Shell Fishi,ng RUles',!!r9Q5, namely, a) Members of the aboriginal tribes of the Andamanand Nicobar Islands when fishing with their customary i~plementsfor sport or fo~ their own consumption or use • .. b) All residents of the Andaman and Nicobar Islands, all officers and crews of ships belonging to or chartered by government and all government servants visiting the Andaman and Nicobar, Islands on duty, when fishing with rod and line or with hand line for sport or for their own consumption or use. c) All residents of the Andaman and Nicobar Islands when fishing by net for sport or for their own consumption or. use provided that t~e catch does not exceed (10 pounds) 10 Ibs per net per day •. d) All prisoners when fishing under the orders of the Supdt. ,of JaiL Sd/-, I S. N. MITRA :CHIEF COMMISSIONER \ "'j , ;':-',& ,N lsiands (F. No. 28.20/54) NOTEl . The forms under the ~ules are under pr'eb'~rktion and will issue in due course,, I: '.' 'I rhe scales of fee under the rules will gel !r,jr:n~t?d later.