Detailed description of Indian Fisheries Act 1897

1. Mrunmayi Jogdand
Masters of Environmental Planning
SPA Bhopal

2. Introduction
 An immense drought known as Great Famine struck southern India in 1876 and later affected north India in the second year.
 Mr. H.S. Thomas in his report to the famine commission (1878-90) urged the importance of development of fisheries as an important
source of food supply and as one of the measures to fight famine.
 During 19th century, the fisheries was the only source of sustenance for a segment of the population living in the coastal region, and on
the banks of rivers, lakes and canals in India.
 The Government of India (GOI) deputed Dr. Francis Day to investigate the fresh water resources of South India and then for the whole
of India and Burma. Dr. Day of Madras Medical Service who worked as Surgeon Major with the British troops in Bengal and who
functioned as the Director General of Fisheries of India in 1864 published two reports in 1878; the Freshwater Fish and Fisheries of India
& Burma and Sea Fish and Fisheries of India.
 On that basis the Indian Fisheries Act (Act IV of 1897) was passed for the whole of India, by which dynamiting and poisoning of waters
for killing fish were absolutely prohibited.
 The Act delegated to the erstwhile Provinces (States) the responsibility of development and conservation of fisheries in the inland and
the territorial waters of the respective States.
 The Act provided adoption of conservation measures to prevent the destruction of resources. As a consequence, the development,
management and conservation of fish and fisheries became a State subject.
 By establishing a Bureau of Fisheries in 1907, the Madras Presidency became the pioneer in India. Sir Nicholson was appointed as the
Honorary Director of the Bureau of Fisheries in 1908.
 Setting up of Fisheries schools, curing yards, fishing co-operatives saw initiation during this early phase.
Great Famine 1876- 1878 Food grains for export at Madras Harbour

3. The Act.
 to provide for certain matters relating to Fisheries
 Subject to the provisions of sections 8 and 10 of the General Clauses Act,1887
 Act shall be read as supplemental
 Assam, see the Assam Land and Revenue Regulation, 1886 (1 of 1886),ss.16 and 155;
 Bengal and Assam (Private Fisheries), see the Private Fisheries Protection Act, 1889 (Ben.2 of 1889);
 Nilgiris District, as to acclimatized fish, see the Nilgiris Game and Fish Preservation Act, 1879 (Mad.2 of 1879);
 Punjab, see the Punjab Fisheries Act, 1914 (Pun.2 of 1914)}.for the time being in force relating to fisheries 2[in a part A State or a Part C State]
 The act includes shell fishes also.
 Destruction of fish by explosives in any kind of water source is a punishable measure for any individual or group, and will follow
imprisonment for a term which may extend to two months or fine of Rs.100/-
 Water includes sea within a distance of one marine league of the sea-cost
 If any person puts any poison, lime or noxious material into any water with intent thereby to catch or destroy any fish he shall be
punishable with imprisonment for a term which may extend to two months, or with fine which may extend to two hundred rupees
 State Government is allowed to formulate rules in purpose to protect the lives of fishes in any manner by any of the Gazette Official
 rules may also prohibit all fishing in any specified water for a period not exceeding two years.
 Such rules may prohibit or regulate all or any of the following matters, that is to say:-
 The erection and use of fixed engines;
 The construction of weirs; and
 The dimension and kind of the nets to be used and the modes of using them.
 Provide for-
 The seizure, forfeiture and removal of fixed engines (net, cage, trap or other contrivance), erected or used, or nets used, in contravention of the rule, and
 The forfeiture of any fish taken by means of any such fixed engine or net
 Under section 4 or 5Any police-officer, or other person 1specially empowered by the State Government in this behalf, either by name or
as holding any office, for the time being, may, without an order from a Magistrate and without warrant, arrest any person committing
in his view any Ac offence punishable.
 under section 6-
 If the name and address of the person are unknown to him/her, and
 If the person declines to give his name and address, or if there is reason to doubt the accuracy of the name and address if given.
 A person arrested under this section may be detained until his name and address have been correctly ascertained:
 no person so arrested shall be detained longer than nay be necessary for bringing him before a Magistrate, except under he order of a
Magistrate for his detention