Section 3 in West Bengal Inland Fisheries Act, 1984
3. Conservation and propagation of fish.
(1) The State Government may, for the purpose of conservation and propagation of fish, by notification restrict, for any specified area and for a specified period, fishing of specified size, group or species of fish, and [ xxx ] [The words "may by rules" omitted by Section 3(1) of the West Bengal Inland Fisheries (Amendment) Act, 2008 (West Bengal Act No. 7 of 2008).] regulate the conservation and propagation of fish including the following :(i)the erection or use of fixed engine;(ii)the construction, temporary or permanent, of any weir, dam or bundh;(iii)the dimension and kind of any net or size of any mesh or any other fishing contrivance, and the mode of using them.(1A)[ No person shall use the kind of net or size of any mesh other than what have been specified in the notification.The competent authority may, if he has reason to believe that any fishing boat is being or has been used in contravention of the provisions of the notification specifying the dimension and kind of net or size of any mesh or any other fishing contrivance, enter and search such boat and seize the fish, net or nets or any other fishing contrivances found on it.(1B)The competent authority shall forfeit the fish, fishing net or nets or any other fishing contrivances Section seized under sub-section (1A) and sell those in the manner as may be prescribed :Provided that in absence of any facility for the storage of fish seized under sub-section (1A), the competent authority may, if he is of opinion that the disposal of such fish is necessary, dispose of such fish by sale on the spot or bringing such fish to the nearest market and pay 50% of such sale proceeds to the person from whose boat the fish was seized and out of the balance 50% of the sale proceeds he will defray the cost associated with conducting such sale and deposit the balance amount, if any, with the State Government in the manner as may be prescribed.] [Sub-sections (1A) and (1B) inserted by Section 3(2), ibid.](2)No person shall construct any dam, barrage, bundh or barrier of any kind whatsoever on a flowing river without making provision for fish-pass or fish-ladder of such description and in such manner as may be directed by the competent authority.
