Section 5 in Tamil Nadu Marine Fishing Regulation Act, 1983
5. Power to regulate, restrict or prohibit certain matters within specified area.
(1)The Government may, having regard to the matters referred to in sub-section (2), by notification, -(a)regulate, restrict or prohibit the fishing in any specified area by such class or classes of fishing vessels as may be specified in such notification; or(b)regulate or restrict the number of fishing vessel which may be used for fishing in any specified area; or(c)regulate, restrict or prohibit the catching in any specified area of such species of fish and for such period as may be specified in the notification; or(d)regulate, restrict or prohibit the use of such fishing gear in any specified area as may be specified in the notification; or(e)fix the hours in a day during which any person may carry on fishing in any specified area using such class or classes of fishing vessels as may be specified in such notification.(2)In issuing a notification under sub-section (1), the Government shall have regard to the following matters, namely : -(a)the need to protect the interest of different sections of persons engaged in fishing, particularly, those engaged in fishing using traditional fishing craft such as catamaran, country craft or canoe;(b)the need to conserve fish and to regulate fishing on a scientific basis;(c)the need to maintain law and order in the sea;(d)such other matters as may be prescribed.(3)[ Notwithstanding anything contained in sub-sections (1) and (2),-(a)no owner or master of mechanised fishing vessel shall use or cause or allow to be used such fishing vessel for fishing operation in the sea within five nautical miles from the coast line in the State and the owner or master of a mechanised fishing vessel shall use or cause or allow to be used such mechanised fishing vessel only beyond five nautical miles from the coast line in the State and such operation beyond five nautical miles shall be subject to such conditions as may be specified in the Schedule to this Act;(b)no owner or master of motorised country craft having motorised means of propulsion either from single engine or from multiple engines having capacity of eight Horse Power and above shall use or cause or allow to be used such fishing vessel for fishing operation in the sea within three nautical miles from the coast line in the State and the owner or master of a motorised country craft having motorised means of propulsion either from single engine or from multiple engines having capacity of eight Horse Power and above shall use or cause or allow to be used such fishing vessel only beyond three nautical miles from the coast line in the State and such operation beyond three nautical miles shall be subject to such conditions as may be specified in the Schedule to this Act.](4)Notwithstanding anything contained in sub-sections (1) and (2), no owner or master of a deep sea fishing vessel shall use or cause or allow to be used such fishing vessel for fishing operation in the sea within [the territorial waters] [Substituted 'three nautical miles from the coast line in the State' by Act No. 18 of 2017.] and the owner or master of a deep sea fishing vessel shall use or cause or allow to be used such deep sea fishing vessel only beyond [the territorial waters] [Substituted 'three nautical miles from the coast line in the State' by Act No. 18 of 2017.] and [such operation beyond the territorial waters] [Substituted 'such operation beyond three nautical miles' by Act No. 18 of 2017.] shall be subject to such conditions as the Government may, by notification, specify.
