Section 2 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981
Definitions.
In this Act, unless the context otherwise requires,--
- (a)"exclusive economic zone of India" means the exclusive economic zone of India in accordance with the provisions of section 7 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976).
- (b)"fish" means any aquatic animal, whether piscine or not, and includes shell fish, crustacean, molluscs, turtle (chelonia), aquatic mammal (the young, fry, eggs and spawn thereof), holothurians, coelenterates, sea weed, coral (porifera) and any other aquatic life;
- (c)"fishing" means catching, taking, killing, attracting or pursuing fish by any method and includes the processing, preserving, transferring, receiving and transporting of fish;
- (d)"foreign vessel" means any vessel other than an Indian vessel;
- (e)"Indian vesse"l means--
- (I)a vessel owned by Government or by a corporation established by a Central Act or a Provincial or State Act, or
- (II)a vessel--
- (i)which is owned wholly by persons to each of whom any of the following descriptions applies:--
- (1)a citizen of India;
- (2)a company in which not less than sixty per cent, of the share capital is held by citizens of India;
- (3)a registered co-operative society every member whereof is a citizen of India or where any other co-operative society is a member thereof, every individual who is a member of such other co-operative society is a citizen of India; and
- (ii)which is registered under the Merchant Shipping Act, 1958 (44 of 1958), or under any other Central Act or any Provincial or State Act. Explanation.--For the purposes of this clause, "registered co-operative society" means a society registered or deemed to be registered under the Co-operative Societies Act, 1912 (2 of 1912), or any other law relating to co-operative societies for the time being in force in any State;
- (f)"licence" means a licence granted under section 4;
- (g)"maritime zones of India" means the territorial waters of India or the exclusive economic zone of India;
- (h)"master", in relation to a vessel, means the person for the time being having command or charge of the vessel;
- (i)"owner", in relation to a vessel, includes any association of persons, whether incorporated or not, by whom the vessel is owned or chartered;
- (j)"permit" means a permit granted or deemed to have been granted under section 5;
- (k)"prescribed" means prescribed by rules made under this Act;
- (l)"processing", in relation to fishing includes cleaning, beheading, filleting, shelling, peeling, icing, freezing, canning, salting, smoking, cooking, pickling, drying and otherwise preparing or preserving fish by any other method;
- (m)"specified ports" means such ports as the Central Government may, by notification in the Official Gazette, specify for the purposes of this Act;
- (n)"territorial waters of India" means the territorial waters of India in accordance with the provisions of section 3 of the Territorial Waters Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976);
- (o)"vessel" includes any ship, boat, sailing vessel or other description of vessel.
Summary
- The law defines fish very broadly to include any aquatic animal like turtles, sea weed, coral, crabs, and aquatic mammals.
- Fishing includes not just catching fish, but also processing, preserving, storing, and transporting them.
- An Indian vessel is one owned by the government, or owned fully by Indian citizens, companies with at least sixty percent Indian ownership, or Indian registered co-operative societies.
- A foreign vessel is simply defined as any vessel that is not an Indian vessel.
- A licence is a permission granted under section 4, while a permit is a permission granted under section 5.
Practical examples
FAQ
1. Does this law only apply to fish with gills?
No. The law defines fish to include crabs, sea weed, coral, turtles, and even aquatic mammals.
2. If a boat only transports fish but does not catch them, is it still fishing?
Yes. The definition of fishing includes transferring, receiving, and transporting fish.
3. How much of a company must be owned by Indians for its boat to be considered an Indian vessel?
At least sixty percent of the company's share capital must be held by citizens of India.
Test yourself
Q1.Under Section 2 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, which of the following activities is NOT explicitly included in the definition of fishing?
Q2.Under Section 2 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, what minimum percentage of a company's share capital must be held by Indian citizens for its boat to be an Indian vessel?
Q3.Under Section 2 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, how is a foreign vessel defined?
Q4.Under Section 2 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, a licence means a permission granted under which section?
Q5.Understanding both Section 2 and Section 5 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, what is the term used for the specific permission granted to an Indian citizen to use a foreign vessel?
Q6.Understanding both Section 2 and Section 4 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, if an owner of a vessel applies for a licence under Section 4, what kind of vessel must they own based on the definitions in Section 2?