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State of Sikkim - Section

Section 3 in Sikkim Fisheries Act, 1980

3. Powers to make rules.

(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 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.
(3)The State Government may make rules for the propagation and development of fisheries in private waters which may include grant of financial help therefor.Explanation. - Financial help shall include loans, subsidy or grants in- aid.
(4)Such rules may,
(a)prohibit or regulate all or any of the following matters
(i)the erection and use of fixed engines;
(ii)the construction of weirs, bunds and diversion of natural waters for killing fish; and
(iii)the dimension and kinds of fishing gears and modes of their use.
(b)prohibit fishing except under a license and regulate the granting of such licenses, the fees payable therefor and the conditions to be inserted therein;
(c)prohibit destruction or attempt to destroy fish by any gear which the State Government may consider harmful or destructive;
(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 of any prescribed species shall be taught, killed or sold;
(f)prohibit fishing in any specified water far a specified period;
(g)prescribe modes, means, agency and procedures of business of fisheries within and out side the State;
(h)regulate export of fish or specified species of fish outside any area or areas and also prescribe the rate for sale of fish in any market of the State;
(i)regulate and prescribe lease of mortgage of tank, pond or land for construction of pond intended for stocking in such tank or pond with fish of any class;
(j)regulate the possession of fishing craft and gear within any specified limits as may appear to be necessary.
(k)such rules may, among other matters, also provide for the examination of fish" in transit within specified limits.
(5)In making any rules under this section the State Government 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;
(c)confiscation of any consignment of fish held or transported in contravention of the rules.