3. Prohibition and licensing of fishing in selected water by rules.
(1)The [State Government] [Substituted by A.O. 1950.] may make rules for the purposes mentioned hereinafter in this section and shall under such rules declare the waters to which all or any of them shall apply.(2)The [State Government] [Substituted by A.O. 1950.] 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 other persons having for the time being any exclusive right to fishery therein or if the [State Government] [Substituted by the A.O., 1950.] is satisfied that the consent is unreasonably withheld without such consent :Provided that no rules made under this section shall apply to any religious waters.(3)Such rules may-(a)Prohibit or regulate all or any of the following matters, that is to say-(i)the erection and use of fixed engines;(ii)the construction, temporary or permanent of weirs, dams and bunds; and(iii)the dimension and kind of nets and size of mesh or/and other fish contrivance to be used and mode of using them;(b)prohibit the destruction of, or attempt to destroy, fish by gun, spear bow and arrow or like instrument, poisoning waters or pollution of waters by trade effluents;(c)prohibit the capture of or attempt to capture or kill breeding fish in Roe and Milt except Hilsa;(d)prohibit fishing except under licence, or regulate the granting of such licences, the charges of fees therefor and the conditions to be inserted therein;(e)prescribe seasons in which the killing or catching or sale of any spawn, young or adult fish, of any prescribed species shall be prohibited;(f)prescribe a minimum size or weight below which no fish of any prescribed species shall be killed or sold;(g)prohibit fishing in any specified water for specified period;(h)regulate the export of fish outside any area or areas and price at which fish may be bought or sold in specified markets of all or any specified species;(i)require the owner, mortgagee with possession or lessee of any tank or jheel for the stocking of such tanks or jheel with any class or classes of fish; and(j)prescribe the formation of association of societies and the collection of funds for the uplift of fishermen and promotion of the fishing industry.(4)In making any rules under this section the [State Government] [Substituted by the A.O., 1950.] may provide for-(a)the seizure, removal and forfeiture of any apparatus erected or used for fishing in contravention of the rules;(b)the forfeiture of any fish taken by means of any apparatus; and(c)the confiscation of any consignment of fish held or transported in contravention of the rules.(5)The power to make rules under this section shall be subject to the condition of the rules being made after previous publication.
