GOVERNMENT
OF HIMACHAL PRADESH
FISHERIES DEPARTMENT
No.fsh.a(3)-1/77
Shimla 2
dated - 15/11/79
NOTIFICATION
Where as the Draft rules called the Himachal Pradesh
Fisheries Rules, 1979 were published, as required by sub section
(5) of section 3 of the Himachal Pradesh Fisheries Act, 1976
(Act No. 16 of 1976 ), in the Himachal Pradesh Rajpatra, dated
the August 4, 1979 for information of the person likely to be
effected and for inviting objections / suggestions, if any, from
them with in a period of 15 days from the date of there
publication in the Rajpatra.
And where as the objections received with in the
stipulated period were considered and rejected in the public
interest.
Now, therefore , in exercise of the powers conferred by
sub section (1) of section 3 of Himachal Pradesh Fisheries Act,
1976 (Act No. 16 of 1976 ), the Governor, Himachal Pradesh, here
by makes the followings Rules:-
1.
SHORT TITLE, EXTENT AND COMENCEMENT:
(i)
These Rules may be called the Himachal Pradesh Fisheries,
(Fourth Amendment) Rules, 1998.
(ii)
These Rules shall come into force at once.
PART-I
PRELIMINARY
2.
DEFINATIONS: In these rules, unless the context otherwise
requires:-
(a)
‘The Act’ that means the Himachal Pradesh Fisheries
Act, 1976( No. 16 of 1976)
(b)
‘Beat’ means the area demarcated for fishing under
the rules.
(c)
‘Director’ means the Director of Fisheries, Himachal
Pradesh or any one who may be authorized by the State government in this behalf.
(d)
‘General Waters’ shall be those stretches of rivers
or streams which are not ‘trout waters’ and which have been
defined under Rule 3(A).
(e)
‘Landing Centre’ means the place fixed by the
Director or any other officer authorized by him where all fish
caught shall be collected.
(f)
‘License’ means the license granted under these
Rules.
(g)
‘Person’ shall also include a Co-operative Society of
fishermen.
(h)
‘Schedule’ means the schedule appended to these
Rules.
(i)
‘Trout Waters’ shall be stretches of rivers or
streams where trout fish is being developed as defined under
Rule 3 (B).
(j)
‘Year’ shall mean financial year.
(k)
‘State’ means the State of Himachal Pradesh.
PART
II.
DECLARATION OF WATER NOT BEING PRIVATE WATER TO WHICH ALL OR ANY
OF THE RULES SHALL APPLY.
Section
3 (1)
3.
The following waters are hereby declared not being
private waters to which all or any of the Rules as according to
their respective provisions shall apply:-
(A)
GENERAL WATERS.
i)
River Jamuna and its tributaries including Markanda Roon
stream excluding Trout Waters.
ii)
River Satluj and its tributaries excluding Trout Waters.
iii)
River Ravi and its tributaries excluding Trout Waters.
iv)
River Beas and its tributaries excluding Trout Waters.
v)
River Chenab and its tributaries excluding Trout Waters.
vi)
All lakes/ ponds owned by Government.
vii)
Balancing reservoir at Sundernagar and the canal feeding
balancing reservoir.
(B)
TROUT WATERS:
i)
River Pabbar from village Mahla to village Hatkoti in
Shimla Distt. in Jamuna river system.
ii)
River Beas and its tributaries from its source to its
confluence with Sarvari streams in Kullu Distt. including
Sarvari stream.
iii)
Parvati and
Gadsa streams and their tributaries in Kullu Distt.
iv)
Sainj and its tributaries in Kullu Distt.
v)
Tirthan streams and its tributaries above its confluence
with river Beas in Kullu and Mandi Distt.
vi)
River Uhl and its tributaries in Mandi and Kangra Distt.
including balancing reservoir and feeder channels at Barot.
vii)
Entire Bhandal Nallah and its tributaries up streams
Chakoli bridge in Chamba Distt.
viii)
River Baspa Bhaba streams and Chisso stream in Satluj
river system in Kinnaur Distt.
ix)
Neugal stream and its tributaries up streams Mainjha
bridge and 10 kms stretch of Baner Khad up stream suspension
bridge at Tikker Doli in Kangra Distt.
x)
Kurpan stream and its tributaries in Satluj river system
in Kullu Distt.
(C)
RESERVOIRS.
(i)
GOBIND SAGAR RESERVOIR :
Impoundment
formed by Bhakra
Dam up to a level of 1680 R.L. in Bilaspur, Una and Mandi
Districts of Himachal Pradesh and it shall be devided into beats
as bellow:-
BEAT
NO. I: From the inception of the reservoir in Kunkhar Khad to village Raipur on
the right bank and village Sharat on the left bank.
BEAT NO.II:
From village Raipur on the right bank and village Sharat on the left
bank to village Bhakra on the left bank and village Bramni on
the right bank.
BEAT NO.III:
From village Bhakra on the left bank and village Bramni on the right
bank to village Nakrana on the left bank and village Charanaru
on the right bank.
BEAT NO. IV:
From village Nakrana on the left bank and village Charanaru on the right
bank to village Osal on the left bank and village Nansar on the
right bank excluding the spread of reservoir in Seer
khad beyond village Seri on the right bank and village Badoh on
the left bank.
BEAT NO. V:
From inception of reservoir in Seer khad beyond village Seri on the
right bank and village Badoh on the left bank.
BEAT NO. VI:
From village Osal on the left bank and village Nansar on the right bank
to Nala-Ka-Naun on the left bank including spread of
reservoir in Gambhar and Gambhrola Khad.
BEAT NO. VII:
From Nala-Ka-Naun on the
left bank and village Kasnaur on the right bank to village
Kunger-Hatti on the right bank including spread of reservoir in
the Ali khad.
BEAT NO. VIII:
From village
Kunger-Hatti on the left bank and village Bari Darolan on the
right bank to inception of reservoir in river Satluj including
spread of reservoir in Alsad Khad.
(ii)
PONG
RESERVOIR:
Impoundment
formed by Pong Dam
up to a level of R.L. 1410 in Kangra District of Himachal
Pradesh and it shall be devided in to 9 Beats as bellow:-
BEAT NO. I:
From the inception of the Dam at Ghamroor to village Chalwara on the
right bank to the village Rail on the left bank and village
Harsar on right bank.
BEAT NO. II:
From village Bari Kianpur on the left bank and village Chalwara on the
right bank to the village Rail on the left bank and village
Harsar on right bank.
BEAT NO. III:
From village village
Rail on the left bank and village Harsar on right bank to
village Ogarhala on the left bank and village Jarot on the right
bank.
BEAT NO.IV:
From village Ogarhala on the left bank and village Jarot on the right
bank to village Rorikori on the left bank and village Nandpur
bangoli on the right bank.
BEAT NO. V:
From village Rorikori on the left bank and village Nandpur Bangoli on
the right bank to village Janmbal on the left bank and village
Kohli-Balta and Khairain on the right bank.
BEAT NO. VI:
From village Janmbal on the left bank and village Kohli-Balta and
Khairain on the right bank to village Bassi on the left bank and
village Bari on the right bank.
BEAT NO. VII:
From village Bassi on
the left bank and village Bari on the right bank to Dehra bridge
on both banks.
BEAT NO. VIII:
From Dehra bridge on
both banks to Chamba Pattan on both banks.
BEAT NO. IX:
SATHANA BALANCING RESERVOIR:
Impoundment
formed as a result of Shah Nahar Barrage across the river Beas
in Kangra District below Pond Dam Starting from village Bhanath
to village Muhal Beli on the left side and from village Muhal
Van Balhun to village Muhal Brar on the right side.
(iii)
PANDOH RESERVOIR:
Impoundment
formed by Pandoh Dam on River Beas up to level of R.L. 2940 in
Mandi district.
(iv)
CHAMERA
RESERVOIR:
Impoundment
formed by Chamera Dam up to a level of 763.16 mtrs. in Chamba
district of Himachal Pradesh and it shall be devided in to three
beats as under:
BEAT NO. I:
From village Rajour (Shalimar) on the right bank of river Ravi and
village Udaipur Khas on the left bank to village Manot on the
right bank and village Dharmari on the left bank.
BEAT NO. II:
From village Dudun (Gharat Nalla) on the right bank to river Siul to
village Kandla on the left bank and village Dhapyara Bargral on
the right bank to village Ukal- Palai on the left bank.
BEAT NO. III:
From village Dhapyara
Bargral on the right bank to village Ukal- Palai on the left
bank and village Manot on the right bank and village Dharmari on
the left bank of river Ravi.
PART-III
FISHING
METHODS AND MODE OF USE:-
Section-3(3) (a)
4.
Notwithstanding anything contained in these Rules and
subject to provision under Rules 6,7 & 8 fishing methods
permitted for fishing in water declared not to be private water
shall be as per Col. 3 of the schedule
Provided
that fishing by Chips and Barpatta shall be allowed only on the
basis of local customs and customary rights accrued to bonafide
fishermen who hold a general fishing license.
GRANT OF LICENSES FOR
FISHING, FEE PAYABLE THEREOF AND CONDITIONS THEREIN.
Section
3(3) (b)
5.
No person shall fish in water declared not being private
waters expect under a license.
6.
The license for fishing shall be issued by the Director
or any officer authorized by him in this behalf subject to these
and the license so issued shall only be valid subject to
fulfillment’s of these Rules and the conditions prescribed in
these Rules.
7.
The license for fishing shall be issued under following
conditions:
a)
The license shall be valid only for the class of water,
fishing method and period for which it has been issued.
b)
The license is not transferable.
c)
No person including licensee’s shall be allowed to fish
in river and streams with in 50 mtrs. from any bridge across
that, provided that this sub-rule shall not apply to those
holding license for fishing rod and line or hand line or long
line.
d)
Licensee’s shall be bound to show his license to any
person empowered under section 8 of the Act to arrest with out
warrant for offences under the Act.
e)
The competent authority for issuing the license may
cancel the license so issued for breach of any provision of
these Rules or the Act.
f)
It will be a condition of Gill net license that licensee
shall fish for a minimum period of 25 days in a month. Failing
to do so without cogent reasons, the license shall be
liable to be cancelled. This shall also be sufficient reason to
deny such licensee a license for the ensuing year.
8.
The license shall be issued only on receipt of payment of
fee as per col. 5 of the schedule. Amount of royalty fee shall
be payable in advance as per the procedure laid down by the
Director.
PART
V
PROHIBITING
FISHING BY GUN SPEAR, BOW ARROW OR LIKE INSTRUMENTS OR POLLUTION
OF WATER BY TRADE AFFLUENT
Section
3(3) (c)
9.
Destruction or attempt to destroy fish by gun spear bow
and arrow or like instruments or pollution of water by trade
affluent or by use of phai, jhatka or any other method not
defined in the schedule shall be prohibited.
PART
VI
PROHIBITING FISHING ETC. IN
PRESCRIBED SEASON AND OR SPECIFIED WATERS
Section
3(3) (d) and (f)
10
(a) No person shall be
allow to fish during the period prescribed in col. 6 of the
schedule in respect of water prescribed under col. 2 of the
schedule.
10(b)
No person shall be allowed to fish in any stretch of
river/ streams prescribed under col.7 of the schedule in respect of water prescribed under col. 2
of the schedule.
PART
VII
MINIMUM
SIZE OR WEIGHT OF FISH ALLOWED
TO BE KILLED.
Section
3(3) (e)
11.
No licensee shall catch or kill or sell any of the
following fish which is less than the size shown against each
species, separately:
a)
Mahseer (Tor
putitora) = 50 cms.
b)
Trout (Salmo
trutta fario or Salmo gairdneri
gairdneri) = 40 cms.
c)
Common Carp (Cyprinus
carpio) = 30 cms.
d)
Theila (Catla catla) = 45 cms.
e)
Rohu (Labeo rohita) = 40 cms.
f)
Mori (Cirrhina
mrigala) = 30 cms.
g)
Silver carp (Hypophthalmicthys
molitrix) = 45 cm.s
h)
Grass carp (Ctenopharyngodon
idellus) = 45 cms.
i)
Gugli or Saloh (Schizpthorax
spp.) = 40 cms.
12.
The fish caught below the size prescribed in Rule 11
shall be released back in the water by the licensee.
PART
VIII
MARKETING OF FISH, ITS TRANSPORT/ EXPORT OF FISH OUT
SIDE ANY AREA.
Section
3 (3) (2) (I) (J) (I)
13.
All fish caught by any person who has got a license for
fishing with gillnet in the water specified as reservoirs under
Rule 3 (c) of these Rules shall be handed over by the licensee
to the fishermen Co-operative Society for weightment by
representative of State government and charging fee as per Rule
8 read with col. 5 of the schedule before its marketing inside
and outside the State.
14.
The sale of fish, so weighed under Rule 13 shall be done
with in and out side the State in consultation with the Director
of Fisheries, Himachal Pradesh by the Fisheries Co-operative
Federation and where no such Federation exists, by the primary
fishermen co-operative societies.
15.
If so required by the Director, the person marketing fish
out side the State under this part shall be bound to sell to the
extent of the 25% of daily catch of fish for sale in the State
at rates fixed by the State Government.
16.
a) No person shall transport fresh fish or processed fish
from the landing centre to any market for sale expect under the
transfer certificate to be issued by the Director or any person
authorized by him in this behalf. The route of transport has to
be adhered to as per transfer certificate. The fish being so
exported may be examined any time in transit by Director or any
person authorized by him.
b)
No person shall import fish into State for marketing without a
valid pass issued by the
Director or any other person empowered by him in this
behalf.
17.
a) The Director shall lay down suitable procedure from
time to time with a view to carry out the provision of Rules in
this part.
b)
The Director shall have powers to fix the rates at which the
fish sold departmentally by the Fisheries Department, shall be
sold at various sale shops so defined by him in this behalf.
PART IX
SEIZURE,
REMOVAL OF APPARATUS FORFEITURE OF FISH AND CONFISCATION OF
CONSIGNMENT.
Section 3 (4)
18.
a) All Fisheries Officer shall have powers to seize and
remove any apparatus, erected/ used in contravention of Rules
and put the same to auction or store or return to the owner.
b)
All Fisheries Officer shall have powers to forfeit the fish
caught in contravention of Rules and to dispose of by auction or
sale or restore it to the owner on the merit of the case.
c)
All Fisheries Officer shall have powers to confiscate any
consignment of fish held or transported in contravention of
Rules and to dispose of by auction or sale or restore it to the
owner on the merit of the case.
PART
X
STOCKING
WITH CLASS OR CLASSES OF FISH IN TANKS OR JHEELS.
Section
3 (3) (h)
19.
No person shall be allowed to stock any tank, pond or
jheel with any of the species of Tilapia
for purpose in such tanks, ponds or jheels.
PART
XI
FORMATION
OF ASSOCIATION
Section
3(3) (i)
20.
Deleted.
PART
XII
POSSESSION
OF FISHING CRAFT AND GEARS WITH IN SPECIFIED LIMITS.
21.
No person shall possess fishing crafts or gears with in
an area of 3 kms. from periphery of any water declared not being
private water unless he has got a valid license for fishing with
that and all Fisheries Officer shall have power to seize the
apparatus and proceed under Rule 18.
PART
XIII
MISCELLANEOUS:
Section
3 (3)
22.
The Director or any officer authorized by him shall have
powers to fish in any water by any method except those
prohibited under the Act, on experimental basis for purpose of
research and exploration of fisheries resources.
a)
The license shall be issued on the Form No. FSH 1.
b)
In case license granted under these Rule is lost or
destroyed, the duplicate license shall be issued on payment of
Rs. 2/-
23.
The adjustment fees on %age of sale in respect of
reservoirs under Rule 3 (c) shall be done on fee adjustment bill
in Form No. FSH. 2. annexed to these Rules.
24.
The transfer certificate under Rule 16 shall be issued on
the Form No. FSH 3. annexed to these Rules.
25.
The Director shall prescribed the form to be used for any
purpose if not otherwise provided for under these Rules.
PART
XIV
REPEALED
AND SAVINGS.
26.
a) The Rules for the regulation of fishing in Himachal
Pradesh promulgated vide Notification No. Ft.3-43/48 dated 23rd
Feb. 1952, No. 1848-D, dated 8th May, 1952
No.- 10-22/73- FSH.-(Sectt.),
dated 15-16/ 10 /1975, No. 29-1/69- Fish (Sectt.) dated 3rd
Feb. 1976 and No FSH. A (3)-3/74 dated 07-01-1976 amended
from time to time and any other Rules repugnant to any of the
provision of Himachal Pradesh Fisheries Rules 1979 are hereby
repealed provided that any thing done or action taken or
proceeding commenced or continued under the repealed Rules shall
be deemed to have been done, taken, commenced or continued under
corresponding provisions of these Rules.
c)
Any appointment order or regulation made/ issued or given
under the provision of repealed Rules, shall in so far it is not
inconsistent with the provision of these Rules be deemed to have
been made/ issued or given under the provisions of these Rules
unless and until superseded by any appointment order or
regulation made/ issued or given in these Rules.
Sd/-
Under Secretary (Fisheries) to the
Government of Himachal Pradesh.
