BALOCHISTAN
PROVINCIAL ASSEMBLY SECRETARIAT
NOTIFICATION.
Dated Quetta, the 3rd November, 2009.
No.
PAB/Legis: V (7)/ 2009. The
Balochistan Sea fisheries (Amendment) Bill, 2009 having been passed by the
Provincial Assembly of Balochistan on 15th October, 2009 and
assented to by the Governor, Balochistan on 24th October, 2009 is
hereby published as an Act of the Provincial Assembly.
AN
ACT
further
to amend the Balochistan Sea Fisheries Ordinance, 1971 (IX of 1971)
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Preamble
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WHEREAS it is expedient to amend the
Balochistan Sea Fisheries Ordinance, 1971 (IX of 1971) in the manner
hereinafter appearing:-
It is hereby enacted as follows:-
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Short title and commencement
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1. (1) This Act may be called the
Balochistan Sea Fisheries (Amendment) Act, 2009.
(2)
It shall come into force at once.
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Amendment of Section 2 of
Ordinance No.
IX of 1971
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2. In
the Sea Fisheries Ordinance, 1971, hereinafter referred to as the Sea
Fisheries Ordinance; in Section 2;
(a)
For clause (b) the following shall
be substituted:-
(b)
Fish means Catadromous fish, Anadromous fish
and all estuarine and marine fauna comprising of both invertebrates as well
as vertebrates.
(b) For clause (m) the following shall be
substituted;
(m) “Processing” means enhancement
of the shelf/storage life of fish by dehydration, salting, curing and drying,
chilling, fish fast food, freezing, canning, redurisation,
smoking, extraction of oil fish meal, conversion into fish marinades, fish
pastes, value added fish products, analogue food and includes any other
process for preparation of fish bi-products for export or local consumption.
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Amendment of Section 3 of
Ordinance No.
IX of 1971
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3. In the said Ordinance after clause (2)
of Section 3 the following new clause (3) shall be added:-
(3)
A fishing license granted under these Sections does not authorize the
licensee to fish with encircling net or improvised purse seine net locally
called “wire net” or “gujja” in internal waters and 12 nautical miles from
the base line and that he will fish by gillnets with a mesh size not less
than 5 inches and “Tukri nets” having mesh size not less than 2.5 inches
beyond internal waters and 3 nautical miles away from the base line all along
Balochistan Coast except fishing nets aimed for Indian mackerels (Rastrillger
karanguta) locally called Bhangra and will not disrupt already laid fishing
nets. Fishing nets locally called “Bullo Gujja” nets (Estuaries set bag net)
and “Kado” nets are hereby banned.
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Substitution of Section 5 of
Ordinance No.
IX of 1971
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4. In the said Ordinance for Section 5 the
following shall be substituted:-
(5) No person shall willfully or
otherwise use dynamite or any other explosive substance or poison, lime or
oil or lubricants or radioactive substances of any description or their waste
or toxics or any other noxious material harmful to the surface fish or bottom
fish or to the fish anywhere in the column of the sea or destroying
Phytoplankton or Zooplankton in Balochistan province fishing waters in terms
of these clauses.
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Substitution of Section 9 of
Ordinance No.
IX
of 1971
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5. In the said Ordinance for Section 9 the
following shall be substituted:-
(9) Whoever contravenes any
provision of this Act or of the rules made there under, shall be punishable
with imprisonment which may extend to one year or with fine which may extend
to one hundred thousand rupees or with both:
Provided
that the contravention of section 3 shall be punishable with imprisonment of
either description for a term which may extend to three years or with fine
which shall not be less than 300,000 and shall not exceed to Rs.600,000 or
both.
Provided further that the banned
fishing gear/nets harnessed in the offence shall be confiscated and in case
of habitual offenders, the fishing vessels shall also be enable to be
confiscated.
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Secretary
Balochistan Provincial Assembly
Dated Quetta, the 3rd
November, 09.
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