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State of Gujarat - Section

Section 6 in The Gujarat Fisheries Act, 2003

6. Power to make rules to protect fish.

(1)The State Government may, by notification in the Official Gazette, make rules for any water other than private waters for all or any of the following matters, namely:-
(a)Prohibiting or regulating:-
(i)the erection or use of fishing gear,
(ii)the construction of weirs, dam and bunds,
(iii)the release of any industrial waste sewage or effluent to the inland waters which may be harmful to species of fish or the food of fish.
(b)regulating the dimension and the kind of nets to be used and the mode of using them;
(c)prohibiting all fishing in the specified waters for a period not exceeding two years;
(d)prohibiting the use of any gun, spear, arrow or the like in any water, with intent thereby to make or destroy any of the fish therein;
(e)prohibiting introduction of any kind of fish which may be harmful to species of fish, without obtaining prior permission;
(f)regulating any fishery in inland waters;
(g)to lease out public water resource for a specified period and to charge fees for such lease;
(h)regulating the standard of sale of fish spawn, fry, fingerling and yearling;
(i)prohibiting the fishing and marketing of the fish during closed season.
Explanation. - For the purpose of this clause, the `closed season' means such period as the State Government may, by notification in the Official Gazette, specify.
(2)In making rules under this section, the State Government may provide for-
(i)the seizure, forfeiture and removal of fishing gear erected or used in contravention of the rules,
(ii)the forfeiture of any fish taken by means of any such fishing gear, and
(iii)the forfeiture of fish taken or sold during the period specified in clause (i) of sub-section (1).
(3)The State Government may, by notification in the Official Gazette, apply such rules or any of them to any private water with the consent, in writing, of the owner thereof and of all persons having for the time being any exclusive right of fishery therein.