The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981

(1) This Act may be called the Maritime Zones ofIndia(Regulation of Fishing by Foreign Vessels) Act, 1981. (2) It shall come into force on such date1 as the Central Government may, by notification in OfficialGazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any referencein any such provisions to the commencement of this Act shall be construed as a reference to the cominginto force of that provision.

In this Act, unless the context otherwise requires,-- (a) "exclusive economic zone of India" means the exclusive economic zone of India inaccordance with the provisions of section 7 of the Territorial Waters, Continental Shelf, ExclusiveEconomic Zone and other Maritime Zones Act, 1976 (80 of 1976). (b) "fish" means any aquatic animal, whether piscine or not, and includes shell fish, crustacean,molluscs, turtle (chelonia), aquatic mammal (the young, fry, eggs and spawn thereof), holothurians,coelenterates, sea weed, coral (porifera) and any other aquatic life; (c) "fishing" means catching, taking, killing, attracting or pursuing fish by any methodand includes the processing, preserving, transferring, receiving and transporting of fish; (d) "foreign vessel" means any vessel other than an Indian vessel; (e) "Indian vesse"l means-- (I) a vessel owned by Government or by a corporation established by a Central Act or aProvincial or State Act, or (II) a vessel-- (i) which is owned wholly by persons to each of whom any of the following descriptionsapplies:-- (1) a citizen of India; (2) a company in which not less than sixty per cent, of the share capital is held bycitizens of India; (3) a registered co-operative society every member whereof is a citizen of India orwhere any other co-operative society is a member thereof, every individual who isa member of such other co-operative society is a citizen of India; and (ii) which is registered under the Merchant Shipping Act, 1958 (44 of 1958), or under anyother Central Act or any Provincial or State Act. Explanation.--For the purposes of this clause, "registered co-operative society" means asociety registered or deemed to be registered under the Co-operative Societies Act, 1912 (2 of 1912), orany other law relating to co-operative societies for the time being in force in any State; (f) "licence" means a licence granted under section 4; (g) "maritime zones of India" means the territorial waters of India or the exclusive economic zoneof India; (h) "master", in relation to a vessel, means the person for the time being havingcommand or charge of the vessel; (i) "owner", in relation to a vessel, includes any association of persons, whether incorporated ornot, by whom the vessel is owned or chartered; (j) "permit" means a permit granted or deemed to have been granted under section 5; (k) "prescribed" means prescribed by rules made under this Act; (l) "processing", in relation to fishing includes cleaning, beheading, filleting, shelling, peeling,icing, freezing, canning, salting, smoking, cooking, pickling, drying and otherwise preparing orpreserving fish by any other method; (m) "specified ports" means such ports as the Central Government may, by notification intheOfficial Gazette, specify for the purposes of this Act; (n) "territorial waters of India" means the territorial waters of India in accordance withthe provisions of section 3 of the Territorial Waters Continental Shelf, Exclusive EconomicZone and other Maritime Zones Act, 1976 (80 of 1976); (o) "vessel" includes any ship, boat, sailing vessel or other description of vessel.

Subject to the provisionsof this Act, no foreign vessel shall, except under and in accordance with-- (a) a licence granted under section 4; or (b) a permit granted under section 5, by the Central Government, be used for fishing within any maritime zone of India.

(1) The owner of a foreign vessel or any other person not being in either caseany person to whom any of the descriptions specified in sub-items (1) to (3) of item (i) of subclause(II) of clause (e) of section 2 applies who intends to use such vessel for fishing within anymaritime zone of India, may make an application to the Central Government for the grant of a licence. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by suchfees as may be prescribed. (3) No licence shall be granted unless the Central Government, having regard to such matters as maybe prescribed in the public interest in this behalf and after making such inquiry in respect of such othermatters as may be relevant, is satisfied that the licence may be granted. (4) Every order granting or rejecting an application for the issue of a licence shall be in writing. (5) A licence granted under this section-- (a) shall be in such form as may be prescribed; (b) shall be valid for such areas, for such period, for such method of fishing and for such purposesas may be specified therein; (c) may be renewed from time to time; and (d) shall be subject to such conditions and restrictions as may be prescribed and to such additionalconditions and restrictions as may be specified therein. (6) A person holding a licence under this section shall ensure that every person employed by himcomplies, in the course of such employment, with the provisions of this Act, or any rule or order madethereunder and the conditions of such licence.

(1) Every Indian citizenand every person to whom any of the descriptions specified in sub-item (2) or (3) of item (i) ofsub-clause (II) of clause (e) of section 2 applies, who intends to use any foreign vessel for fishing withinany maritime zone of India, may make an application to the Central Government for a permit to use suchvessel for such purpose. (2) Every application under sub-section (1) shall be made in such form and shall be accompanied bysuch fees as may be prescribed. (3) No permit shall be granted unless the Central Government, having regard to such matters as maybe prescribed in the public interest in this behalf and after making such inquiry in respect of such othermatters as may be relevant, is satisfied that the permit may be granted. (4) Every order granting or rejecting an application for the grant of such permit shall be in writing. (5) A permit granted under this section-- (a) shall be in such form as may be prescribed; (b) shall be valid for such areas, for such period, for such method of fishing and for such purposesas may be specified therein; (c) may be renewed from time to time; and (d) shall be subject to such conditions and restrictions as may be prescribed and to such additionalconditions and restrictions as may be specified therein. (6) A person holding a permit under this section shall ensure that every person employed by himcomplies, in the course of such employment, with the provisions of this Act or any rule or order madethereunder and the conditions of such permit. (7) Notwithstanding anything contained in the foregoing provisions of this section, or in section 3,any permission granted to an Indian citizen to use or employ foreign fishing vessels in any maritime zoneof India and in force immediately before the commencement of this Act shall, if the terms and conditionsof such permission are not inconsistent with the provisions of this Act, be deemed to be a permit grantedunder this section and such permission shall continue to be in force after such commencement onthe same terms and conditions, including the conditions as to the area of operation and the periodof its validity, and the provisions of this Act shall, so far as may be, apply to such permission.