Maritime Acts


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Maritime Acts

  2. 2. • Mostly borrowed from the draft of UNCLOS 1982 • Defines limits of the territorial sea, contiguous zone and exclusive economic zone. • Lays down the rights of India in each zone. • Empowers Central govt. to extend any law, as it thinks fit, to the contiguous zone and EEZ.
  4. 4. • It extends to the whole of India including the limit of the territorial waters, the continental shelf, the exclusive economic zone. • Section 3 defines offences against ship, fixed platform, cargo of a ship, maritime navigational facilities. • Section 3(i)(g) provides for death penalty in case death occurs.
  5. 5. • Acc to Sec. 4, the central govt. can confer on any gazetted officer of the coastguard or any other gazetted officer of the central govt. powers of arrest or investigation exercisal by the police. • Sec. 5 – offences to be tried only by a special court which shall be setup to try the case on a day-to-day basis.
  6. 6. • The offences under section 3 shall be deemed to have been included as extraditable offences and provided for in all the extradition treaties made by India with Convention States • Burden of proof on the accused to disprove allegations.
  7. 7. Provisions in the Indian Penal Code, 1860
  8. 8. • Section 4 (2) - The provisions of this Code apply also to any offence committed by any person on any ship or aircraft registered in India wherever it may be. • Section 55 of the General Clauses Act, 1897 defi es ship to i lude e e des iptio of vessel used in navigation not exclusively propelled by oars.
  9. 9. Code of Criminal Procedure, 1973. • Section 188 (b) - When an offence is committed outside India by a person, not being such citizen, on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found. • no such offence shall be inquired into or tried in India except with the previous sanction of the Central
  10. 10. • Ministry of Home Affairs, by a notification dated 27 August, 1981 extended the application of the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973 to the exclusive economic zone. • Section 5(5) and 7(6) of the Maritime Zones Act empowers the Central govt. to extend any law as it think fits to the contiguous zone and eez.
  11. 11. Enrica Lexie Case • Upheld jurisdiction of India to try the Marines • Police has no jurisdiction to investigate into offences taking place beyond the territorial sea. Only Union Govt can. • Special court has to be setup by Central Govt. and cannot be tried.
  12. 12. Issuance of ID Cards to Fishermen • The Ministry of Agriculture has, on 11.12.2009, launched a Central Sector Scheme on Issua e of Biometric Identity Cards to Coastal Fishe e at a total cost of 72 crore • Out of 18,11,697 coastal fishermen identified for issuance of biometric ID cards, data collection in respect of 16,40,722 has been completed. • Fishermen in the Kochi fishing harbour ha e t been issued these cards.
  13. 13. Unmanned Maritime Vehicle • Liquid Robotics Inc., a Sunnyvale, California- based company, has developed a hybrid wave and solar propelled Unmanned Maritime Vehicle. • e plo e po tio s of the o ld s o ea s i conditions that previously were too challenging or costly to operate. • Maybe tested in India to improve Maritime Domain Awareness.
  14. 14. Trilateral Cooperation on Maritime Security • Held in Colombo from July 8-9. • the three countries agreed on a roadmap for future cooperation in maritime security • Outcome Document outlining collaborative measures in the areas such as Maritime Domain Awareness, strengthening coordination of maritime Search and Rescue etc was signed.
  15. 15. What a fishing boat should do in case a Ship approaches • Place a double-sided black cone/ fishing basket on top of the boat. • During Night, place white light on top of green light on top of the ship.
  16. 16. What a boat should do in case a Ship approaches • Communicate using VHF • O f e ue 16, sa < oat s a e> <ship s name> and ask the ship to change to another freq. • Say <mayday mayday mayday> <name of oat> < oat s ode> <its positio > < hat is happening>
  17. 17. Marine Enforcement Wing • Special cell and squad of fishery Guards in the Department of fisheries for the enforcement of the provisions contained in Kerala Marine fishing Regulation Act 1980.
  18. 18. Vizhinjam Fisheries Station Neendakara Fisheries Station Vypin Fisheries Station Beypore Fisheries Station Kannur Fisheries Staion SANCTIONED STRENGTH S.I – 1 H.C – 1 P.C - 6 C.I – 1 S.I – 1 H.C – 3 P.C - 14 C.I – 1 S.I – 2 H.C – 4 P.C - 6 C.I – 1 S.I – 1 H.C – 3 P.C - 6 S.I – 1 H.C – 1 P.C - 6 PRESENT STRENGTH S.I – 0 H.C – 0 P.C - 1 C.I – 0 S.I – 0 H.C – 3 P.C - 14 C.I – 1 S.I – 2 H.C – 3 P.C - 5 C.I – 0 S.I – 1 H.C – 1 P.C - 4 S.I – 1 H.C – 1 P.C - 5 SUPERINTENDENT OF POLICE (Unit Head) ↓ Chief Guard ↓
  19. 19. • Out of the 9 Coastal Districts, 5 have Marine Enforcement Units, attached to Fisheries Stations - Vizhinjam in Thiruvananthapuram District, Neendakara in Kollam district, Vypin in Ernakulam District, Beypore in Kozhikode District and Kannur in Kannur District. • Each station is having a big hired boat and a speed boat each, owned by the Department. • Informations/ intelligence are gathered during the patrolling are being conveyed in time to coast Guard and Local Police authorities for further necessary action.
  20. 20. Automatic Identification System (AIS) What is AIS? The Automatic Identification System (AIS) is an automatic tracking system used on ships and by vessel traffic services (VTS) for identifying and locating vessels by electronically exchanging data with other nearby ships, AIS base stations, and satellites. AIS integrates a standardized VHF transceiver with a positioning system such as a LORAN-C or GPS receiver, with other electronic navigation sensors.
  21. 21. • Various information regarding the vessel such as name, nationality, type of good, speed etc. can be obtained via the AIS. • Radar can only show location.
  22. 22. Types of AIS • Class A - Type A: Required on IMO/SOLAS commercial vessels, this equipment includes a 12.5watt VHF transmitter a dual channel receiver and either a built in GPS or port to external gps. It can transmit and receive the full complement of AIS information. • Cost : $ 4500
  23. 23. AIS Class B • Less expensive AIS functionality for smaller commercial vessels and pleasure vessels. This equipment also includes a VHF transmitter, a dual channel receiver and is required to have a built in GPS. • Transmission power is restricted to 2W, giving a typical range of about 5 – 10 miles. • only a subset of the possible AIS information (for instance, not destination, ETA, draft, navigational status) is transmitted at a reporting rate less than Class A. • Cost : $1500 plus $1000 for a 6 screen.
  24. 24. Receive only AIS • Inexpensive, low power systems that only receive information from other vessels and do not transmit any information • Cost :750 $
  25. 25. Pros of AIS • The AIS system will give you the MMSI number and description (and the call sign for type A AIS systems) of other vessels. This allows users to easily establish VHF voice contact. • The AI“ s ste ill see ette th ough ai squalls, over islands and around corners than recreational radar systems. • The AIS system draws less power than a radar system.
  26. 26. Cons of AIS • AIS only shows other targets that have functional AIS systems. • There is some concern that if thousands of pleasure vessels start transmitting AIS signals it will clutter the system to the point that it will be less useful. • AIS is a relatively complex system. Users are depending on the other vessel having properly maintained, interfaced and functional equipment.