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

The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, is a key legislation that regulates fishing by foreign vessels in the maritime zones of India. This Act aims to protect India’s marine resources and ensure the sustainable use of its fishing grounds. This article provides a summary of the Act, highlighting its background, key provisions, and penalties.

1. Act Background and Ministry:

• Background: The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, was enacted to regulate fishing by foreign vessels in certain maritime zones of India and for matters connected therewith. It reflects the need to protect India’s marine resources from overexploitation by foreign fishing vessels.

• Ministry: The Act is primarily administered by the Ministry of Fisheries, Animal Husbandry and Dairying, Government of India, as it relates to fishing and marine resources.

2. Enactment Date, Number of Chapters, Number of Sections:

• Enactment Date: The Act was enacted on September 26, 1981.

• Number of Chapters: The Act is divided into five chapters.

• Number of Sections: The Act contains 26 sections.

3. Act Governed By:

The Act is primarily governed by the Central Government, which has the power to grant licenses and permits for fishing by foreign vessels and to make rules for carrying out the purposes of the Act. The Coast Guard and other authorized officers are responsible for enforcing the provisions of the Act.

4. On Whom It Is Applicable:

The Act applies to:

• Foreign Vessels: Any vessels other than Indian vessels engaged in fishing within India’s maritime zones.

• Owners and Masters of Foreign Vessels: Individuals or entities owning or commanding foreign vessels.

• Indian Citizens and Vessels: Indian citizens and vessels engaged in fishing using foreign vessels.

• Authorised Officers: Officers of the Coast Guard and other officers authorized to enforce the Act.

5. Penalties/Punishments:

The Act prescribes various penalties for offenses related to fishing by foreign vessels, including:

• Imprisonment: Imprisonment for up to three years for fishing in territorial waters or exclusive economic zone without a valid license or permit.

• Fines: Fines ranging from ₹10,000 to ₹10 lakh for various offenses, including fishing without a license, contravention of license conditions, and obstruction of authorized officers.

• Confiscation: Vessels and fishing gear may be confiscated for certain offenses.

6. Important Pointers:

• Prohibition of Fishing: The Act prohibits fishing by foreign vessels in India’s maritime zones without a license or permit.

• Grant of Licenses: The Central Government may grant licenses to foreign vessels for fishing in specified areas.

• Prohibition of Indian Citizens Using Foreign Vessels: The Act prohibits Indian citizens from engaging in fishing using foreign vessels without a permit.

• Cancellation of Licenses: The Central Government can cancel or suspend licenses for violations of the Act.

• Entry for Scientific Research: Foreign vessels may enter maritime zones for scientific research with permission.

• Powers of Search and Seizure: Authorized officers have the power to search and seize vessels and fishing gear.

• Penalties for Contravention: The Act specifies penalties for various contraventions, including fishing without a license, violating conditions of a license, and obstructing authorized officers.

• Offences by Companies: The Act specifies that companies can be held liable for offenses under the Act.

• Power to Make Rules: The Central Government has the power to make rules for carrying out the purposes of the Act.

7. Act Copy: