Jammu and Kashmir Fisheries Act, 2018

No: 16 Dated: May, 15 2018

THE JAMMU AND KASHMIR FISHERIES ACT, 2018

(Act No. XVI of 2018)

    An Act to provide for protection, conservation and development of fisheries in the State and for matters connected therewith or incidental thereto.

    Be it enacted by the State Legislature in the Sixty- ninth Year of Republic of India as Follows:––

CHAPTER I

Preliminary

1. Short title and commencement.––(1) This Act may be called the Jammu and Kashmir Fisheries Act, 2018.

(2) It shall come into force from the date of its publication in the Government Gazette.

2. Definitions.– In this Act, unless the context otherwise requires,––

(a) “Act” means the Jammu and Kashmir Fisheries Act, 2018 ;

(b) “Department” means Department of Fisheries, Jammu and Kashmir ;

(c) “Fish” means an animal whether living or dead of a species that throughout its life cycle usually lives––

(i) in water (whether fresh water or salt water) ; or

(ii) in or on foreshores ; or

(iii) in or on land under water, which includes the spat, spawn and eggs of fish ;

(d) “fishing craft” means any boat/appliance whether operated manually or mechanically for the capture or transport of fish ;

(e) “fishing gear” means any net, cage, trap or other contrivance used for fishing ;

(f) “fixed engine” means any net, cage, trap or any other contrivance fixed in the soil or on boulders or made stationery in any other way for the capture of fish within the waters ;

(g) “Government’ means the Government of Jammu and Kashmir ;

(h) “Licence” means licence issued under section 10 of the Act or rules made thereunder ;

(i) “prescribed” means prescribed by rules under the Act ;

(j) “Protected Waters” mean and include waters which are declared as such under section 6 of the Act ;

(k) “Private Waters” mean water––

(a) which is the exclusive property of any person ; or

(b) in which any person has for the time being an exclusive right of fishing whether as owner, lessee or in any other capacity.

Explanation:––Water shall not cease to be “private water” within the meaning of this definition by reason only that other persons may have by custom a right of fishing therein ;

(l) “Reserved Waters” mean and include waters where fishing is required to be regulated, prohibited or restricted to protect such species of fishes as may be determined by the Government from time to time except trout fishes ;

(m) “Sanctuaries” mean waters, where fishing because of sacred nature of the places or otherwise, is not permitted ;

(n) “Trout Waters” mean and include waters which harbor trout and have been stocked with trout fish species as declared under section 6 of the Act ; and

(o) “Waters” mean and include all rivers, streams, lakes, sars, ponds, springs, reservoirs, canals, aquaria etc. belonging to the State.