3. Power to make rules for prohibition and licensing of fishing in selected waters.
(1)The State Government may make rules for the purposes mentioned hereinafter in this section and shall under such rules declare the waters, not being private waters, to which all or any of them shall apply.(2)The State Government may, by notification in the official Gazette apply such rules or any of them to any private waters with the consent in writing of the owner thereof and of all persons having for the time being any exclusive right of fishery therein, or if the State Government is satisfied that the consent is un-reasonably with held without such consent. Provided that no rules under this section shall apply to any religious waters.(3)Such rules may-(a)Prohibit or regulate all or any of the following matters:-(1)The erection and use of fixed engines,(2)The ownership of check dams constructed on rivers/tributaries would continue with the existing Department but the total control over their fishery management activities and monitoring the harvesting of stocks will vest with the Department of fisheries. The Department of fisheries would be authorized to allot the check dams to Self Help Groups/Fishery Co-operative Societies on lease for fishing activities and stocking.(3)The dimension and kinds of fishing gears to be used and the mode of using them;(b)Prohibit fishing except under license and regulate the granting of such licenses, the fees payable there for and the conditions to be inserted therein;(c)Prohibit the destruction or attempt to destroy fish by gun, spear, bow and arrow or like instrument or pollution of waters by trade effluents;(d)Prescribe seasons in which the killing or catching or sale of any fish of any prescribed species shall be prohibited;(e)Prescribe a minimum size or weight below which no fish or any prescribed species shall be caught, killed or sold;(f)Prohibit fishing in an specified water for specified period;(g)Regulate the export of fish outside any area or areas and price at which fish may be brought or sold in any specified markets of all or any specified species;(h)Require the owner, mortgagee with possession or lease of any tank or jhil for the stocking of such tanks or jhils with any class or classes of fish;(i)Fishing shall be prohibited during breeding seasons in Rivers/tributaries and other breeding places;(j)Progressive fish farmers would be rewarded at the State level;(k)Encouragement and training would be provided to communities like Bengalis, Tribal, Machhua. Nishads, Kashyaps etc. who earn their livelihood from fisheries;(l)The fisheries department would provide facilities to fish farmers for their economic and social upliftment by way of making societies/federations;(m)The department would provide facilities to progressive fish farmers under various schemes by Central/State Government viz. bank loans, pond constructions, fish seeds, fish feed, training etc.;(n)Regulate the marketing of fish and also purchase and use of fish for preservation or for the manufacture of any fish products;(o)Regulate the possession of fishing craft and gear within such specified limits as may appear to be necessary; and(p)Regulate the transport of all fish or of certain species or fish products within specified limits as may appear to be necessary.Such rules may, among other matters -(a)Prescribe the routes by which fish alone or fish products may be imported into and exported from the State of Uttarakhand;(b)Prohibit the import, export or transport within specified limits of fish without a pass from a fisheries officer or a person duly authorized to issue the same or otherwise than in accordance with the conditions of each pass;(c)Prescribe the form of such passes and provide for their issue, production and return; and(d)Provide for the examination of fish in transit within specified limits.(4)In making any rule under this section the State Govt. may provide for---(a)Seizure, removal and forfeiture of any apparatus erected or used for fishing in contravention of the rules;(b)Forfeiture of any fish taken by means of any such apparatus; and(c)Confiscation of any consignments of fish held or transported in contravention of the rules.(5)Every rule made under this Act shall be laid, as soon as may be after it is made before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be comprise in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the sessions immediately following. The assembly makes any modification in rule or decides that the rule should not be made. The rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be prejudice to the validity of anything previously done under that rule.
