Updated: Wednesday February 19, 2014/AlArbia'a Rabi' Thani 19, 1435/Budhavara Magha 30, 1935, at 08:35:22 PM

The Exclusive Fishery Zone (Regulation of Fishing) Act, 1975

 

ACT XXXII OF 1975


An Act to provide for the regulation of fishing within the exclusive Fishery Zone of Pakistan


[Gazette of Pakistan, Extraordinary, Part I, 5th March 1975]


The following Act of Parliament received the assent of the President on the 1st March 1975, and is hereby published for general information:---


Whereas it is expedient to provide for the regulation of fishing within the exclusive Fishery Zone of Pakistan and for matters ancillary thereto;


It is hereby enacted as follows:---


1. Short title, extent, application and commencement.-(1) This Act may be called the Exclusive Fishery Zone (Regulation of Fishing) Act, 1975.

 

(2) It extends to the whole of Pakistan arid to waters within the exclusive fishery zone of Pakistan beyond the territorial waters, hereinafter referred to as the Zone.


(3) It applies to all fishing crafts within the Zone and to all persons on board such fishing crafts.


(4) It shall come into force at once.


2. Definitions.--In this :Act, unless there is anything repugnant in the subject or context,---


(a) "fish" includes mollusks, crustaceans, kelp and other marine animals;


(b) "Fishery Officer" means any person who is authorised by the Federal Government, by notification in the official Gazette, to exercise or perform any of the powers or functions of Fishery Officer under this Act;


(c) "fishing" means taking or catching of fish within the Zone by any means;


(d) "fishing craft" includes every vessel of whatever description and size and in whatever way propelled or moved which is used in fishing or the transport or processing thereof;


(e) "fishing gear" includes all appliances used for fishing;


(f) "licensing authority" means any person authorised by the Federal Government, by notification in the official Gazette, to issue licenses under this Act.


(g) "Prescribed" means prescribed by rules; and


(h) "rules" means rules made under this Act.


3. Fishing without license prohibited.-No person shall, for the purpose of fishing, operate a fishing craft or use any kind of fishing gear within the Zone except under the authority of a license neither granted by the licensing authority nor otherwise than in accordance with the terms and conditions of such license.


4 Fishing craft subject to navigational regulations. ----- (1) Every fishing craft shall be subject to any law relating to navigation for the time being in force.


(2) The location of nets and traps set by a fishing craft shall be prominently displayed by such means as may be prescribed.


(3) Every fishing gear shall be clear of the navigation channel and: specified routes of commercial vessels,


5. Dynamiting and poisoning prohibited.---No person shall use dynamite or any other explosive substance or poison, lime or noxious material for fishing or destroying fish in the Zone.


6. Closed season and prohibited area.---Notwithstanding anything contained in this Act, the Federal Government may, by notification in the official Gazette, declare any period to be period during which, and any area to be an area within which, fishing of ail or any specified description of fish shall be prohibited in the Zone.


7. Power to search. ---Any Fishery Officer may search any fishing craft or landing ground in or on which he has reason to believe to be concealed any fish caught or taken, or anything used, in contravention of any provision of this Act or the rules.


8. Seizure and disposal.--(1) If any Fishery Officer teas reason to believe that any fish has been caught or taken in contravention of any provision of this Act or the rules, or that any fishing craft and fishing gear has been used fair such fishing, he may arrest without warrant the owner or the person, in charge of the vessel and seize such fish.

 

(2) Every officer malting an arrest under subsection (1) shall, without unnecessary delay, take or send the person arrested before a Magistrate having jurisdiction in the case or before the officer in charge of the nearest police station and thereupon the provisions of the Code of Criminal Procedure, 1893 (Act V of 1898), applicable in respect of a person who, having been arrested without warrant, has been taken or sent before a Magistrate or an officer in charge of a police station shall apply to him.


(3) Any fish seized under subsection (1) shall be disposed of in accordance with the decision of the Court before which the owner or person in charge of the fishing craft is prosecuted under subsection (2):---


Provided that, if the fish seized is such as is likely to perish unless preserved or processed without delay, it may be sold or otherwise disposed of and, if it is sold, its value shall be treated as seized property for the purpose of this subsection.


9. Penalty. ----- (1) Whoever contravenes any provision of this Act or the rules shall be punishable with fine which may extend to five thousand rupees.


(2) Any Court convicting any person under subsection (1) may order that any fish caught or taken in contravention of the provisions of this Act or the rules shall be forfeited to the Federal Government.


(3) Where the person contravening any provision of this Act or the rules is a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the contravention was committed without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.


(4) Whoever attempts to contravene, or abets the contravention of, any provision of this Act or the rules shall be deemed to have contravened the provisions of this Act or the rules.


10. False statement.--Whoever, upon being so required by a police officer not below the rank of Sub-Inspector or a Fishery Officer, makes any statement or furnishes any information which is false in any material particulars and which he knows or has reason to believe to be false, or does not believe to be true, or makes any such statement as aforesaid in any book, account, record, declaration, or any document which he is required to maintain, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both.


11. Burden of proof.--Where any person is prosecuted for doing any act or being in possession of anything without lawful authority or license, the burden of proving that he has such authority or license shall lie on that person.


12. Liability of the owner, etc.-The owner or the person in charge of any fishing craft carrying anything in contravention of any provision of this Act or the rules shall be deemed to have contravened the provisions of this Act or the rules, as the case may be, if,---


and (i) such carriage is part of the transaction involving the contravention;


(ii) if the owner or person in charge knew or had reason to believe that a contravention was being committed;


and shall be punishable under section 9.


13. Indemnity.-No suit or other legal proceeding shall lie against the Federal Government or any Fishery Officer for anything in good faith done or intended to be done under this Act or any rule.


14. Delegation of powers.--"Cha Federal Government may, by notification in the official Gazette, delegate all or any of its power under this Act or the rules to any officer.


15. Jurisdiction of Courts. -----For the purpose of giving Jurisdiction to Courts under this Act, a fishing craft shall be deemed to be a slip within the meaning of any enactment for the time being in force relating to offences committed on board a ship, and every Court shall have the same jurisdiction over a foreign fishing craft within the Zone and persons belonging to such fishing craft as such Court would have if such fishing craft wore a Pakistan fishing craft.


16. Power to make rules.--(1) The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.


(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely:---


(a) the sizes of meshes and the sizes and types of nets;


(b) the size and the quantity of fish which may be caught by any fishing gear or processed at any time;


(c) the terms and conditions to which licences for fishing shall be subject;


(d) the registration of fishing craft and fishing gear;


(e) the regulation of operations of fishing craft;


(f) registration fee, licence fee anti royalties on catches, and other dues of the Federal Government;


(g) specification of the area for landing of fish taken or caught in the Zone; and


(h) regulation of landing and inspection of fish taken or caught the Zone.

 

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