Ch067

Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-

STATE	TERRITORIAL SEA	FISHING ZONE	ECONOMIC ZONE
**India	12 mi (1976)	-	200 mi (1976)

Table B: -Licence fees, bilateral agreement or joint venture requirements and nationality criteria-

STATE	Licence fees, royalties and others local currency	Requirements concerning bilateral framework agreements or joint venture participation	Nationality criteria for fishing vessels
INDIA	LEGISLATION Fees: -Squid jigging = Rs. 1 000 per ton of fish allowed. -Trawling = Rs. 2 000 per ton of fish allowed. -Long-line and gill net = Rs. 1 500 per ton of fish allowed. -Tuna fishing by long-lining, purse seining/pole and line = Rs. 1 000 per ton of fish allowed. -Transporting of fish = Rs. 500 per ton of fish carrying capacity of vessel for each voyage. -For any other purpose = Rs. 200 per GRT of vessel for each voyage.	LEGISLATION As an incentive for deep-sea fishing in India's EEZ and as a boost marine exports, chartering of specialized and resource-specific foreign fishing vessels is permitted, on condition that it will lead to concrete joint venture proposals or to acquisition of fishing vessels of same type and specifications as operated under charter, within first year of operation. Policy specifies categories of vessels that may be chartered (sect. 3) and detailed information to be included with application (sect. 9), as well as detailed project report (sect. 11). -In all cases, applications must be accompanied by a non-refundable fee of Rs 500. (Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Rules, 1982. schedule 1) Joint venture policy requires that at least 20% of catch value (or a minimum of Rs. 1 lakh per vessel) must go to the Indian partner at prevailing international prices and that vessel must have 25% Indian crew. (Revised Charter Policy, 1986)	LEGISLATION Indian vessel defined as: (1) a vessel owned by the Government or by a corporation established by a Central Act or by a Provincial or State Act; or (2) a vessel which is owned wholly by persons to each of whom any of the following descriptions applies: (a) a citizen of India; (b) a company in which not less than 60% is held by citizens of India; (c) a registered cooperative society every member of which is a citizen of India, or where any other cooperative society is a member thereof, every individual who is a member of such other cooperative society is a citizen of India; and which is registered under the Merchant Shipping Act, 1958, or under any other Central Act or any Provincial or State Act. (Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, No. 42 of 1981)

Table C: -Coastal State requirements for foreign fishing-

STATE	Foreign fishing vessel licence conditions (other than reporting requirements) including observers, bonds, etc.	Logbook, and reporting requirements foreign fishing
INDIA	LEGISLATION -Licence application details specified. (Reg. 3) -Licences issued for the following activities: commercial fishing, transhipping of fish or supplies, processing of fish, transporting fish from grounds, landing fish, purchasing bait, supplies, fuel, etc. (Reg. 3) -Foreign vessel licence valid for period specified in licence. (Reg. 4) -Licensee to pay fees when licence delivered. (Reg. 5) -Vessel to engage only in activities authorized by licence. -Activities must be carried out only in authorized areas and during authorized periods. (Reg. 5) -Foreign crew members may be employed only after receiving clearance from Central Government. (Reg. 5) -Vessel to fish only for authorized stocks and authorized quantities; no fishing for species listed as prohibited. -Crews may not discard substantial quantities caught in excess of authorized quantities but must retain on board, record, and surrender them as ordered by authorized officer. (Reg. 5) -Crew to fish only with gear and equipment specified in licence. -Fish may be transported only as specified in licence. -Vessel must keep equipment and fishing gear on board, including communications equipment outlined in licence as "required equipment". (Reg. 5) -Vessel to stow gear when in areas where not authorized to fish. (Reg. 5) -If vessel is authorized to carry out sampling, observation, or research programs, Master must comply with instructions. -Master to take observers on board if required. (Reg. 5) -Master to take all reasonable precautions regarding safety of observers boarding or leaving ship. (Reg. 5) -Observers are to be provided with food and accommodations if on board for more than 4 hours. (Reg. 5) -Master to arrange communication facilities for observer and to provide other assistance, including access to position-fixing equipment. (Reg. 5) -Master of vessel to proceed to port or place at sea for inspection if required. (Reg. 5) -Master to comply with directions given by authorized officers, using code of signals. (Reg. 5) -Vessel to fly flag of flag state. (Reg. 5) -Identifying letters and numbers to be displayed and maintained where clearly visible from air and sea in white markings on black at least 1 meter high for vessels over 20 meters or, in other cases, half a meter high. -License, when required, must make arrangements for training of Indian crew and personnel on board vessel. (Reg. 5) -Additional conditions may be specified in licence. (Reg. 5) -Licence to be displayed on board. (Reg. 9) -Vessel may not cause damage, either wilfully or through gross negligence, to Indian fishing vessels, gear, etc. (Reg. 10) -Vessel may not commence fishing operations until cleared by Coast Guard. (Reg. 11) -Vessel may not fish in territorial waters unless authorized. -Vessel may not carry explosives, poisonous substances, etc. -Vessel may not destroy or abandon gear to avoid detection. -Application for licence to include name and address of person resident in India who is authorized to represent licensee as liaison with Government. (Reg. 3 (Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Rules, 1982, as amended 4 April 1985) Controls Over Transit by Unlicensed Vessels: -Fishing gear must be stowed in prescribed manner when transiting zone. (Sect.7) -Where any foreign vessel is found in maritime zone and fishing gear is not properly stowed or fish is found on board, it shall be presumed, unless the contrary is proved, that vessel was used for fishing within the zone. (Sect. 22) (Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act 1981) -Method of stowage of gear includes stowage below deck, or otherwise moving gear from where it is normally kept and rendering it not readily available for fishing, and disconnecting nets, lines, trawlboards, etc. from towing lines. (Reg. 14) (Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Rules, 1982, as amended 4 April 1985)	LEGISLATION -Prior to entry into zone, master of vessel to give 24 hours notice to authorized officer of location of entry, and approximate schedule of activities to be conducted therein. (Reg. 5) -Notification to be given of time and location of fishing, time and location of any temporary departure from fishing grounds including for purpose of embarking or disembarking observer, or for call at any Indian port, of time and position of return to fishing grounds after temporary departure, and of time and position at which vessel leaves the zone and ceases fishing. (Reg. 5) -Written records to be maintained on daily basis of fishing effort, catch, species size and weight, transhipments, and processing. (Reg. 5) -Data to be kept on quantity of fish caught in excess of permitted quantity. (Reg. 5) -Written records to be kept of other information, as prescribed. (Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Rules, 1982)

Table D: -Compliance control and reporting conditions-

- For key to alphabetical code see page preceding this table.
- Numbers represent periodicity of reports(in days / hours) or deadlines For submission of reports; W = weekly; D = daily; M = monthly; R = on request .
% = Reports must be made every 3 days for vessels from Norway, Sweden and Faroes when fishing for herring, weekly when fishing for other species .
O = Logbook to be filled out(radio report to be made) after every fishing operation .
* = Country is a part to the South Pacific FFA arrangement which stipulates that licences will not be issued to foreign fishing vessels unless those vessels are listed in good standing on the FFA - maintained regional register of fishing vessels .

COMPLIANCE CONTROL AND OTHER CONDITIONS

A . Vessel to bear specified identification markings
B . Licence / permit to be carried on board
C . Vessel to board observers as required
D . Vessel to submit fishing plan
E . Vessel to put in for port inspections on entry / departure from zone
F . Vessel to carry specified position fixing equipment / transponders
G . Vessel owners to appoint local legal agents
H . Flag state to appoint national representative
I . Vessel to post performance bond / guarantee / deposit
J . Vessel to carry interpreters
K . Vessel to Seek prior authorization for transhipments
L . Vessel to stow gear while in area where not authorized to fish
M . Requirements concerning local landing / processing of catch
N . Requirements concerning protection of local fisheries / gear
O . Requirements concerning employment / training of coastal state nationals in crew

REPORTING REQUIREMENTS

P . Reporting on or prior to entry into the zone
Q . Reporting on or prior to departure from the zone
R . Reporting on commencement or cessation of fishing operations
S . Reporting on or prior to entry into coastal state ports
T . Timely reporting on position
U . Timely reporting on catch and effort
V . Maintenance of fishing logs .
W . Submission of logbooks / catch reports : - on request / as required / at specified intervals
X . Submission of logbooks / catch reports : - on entry into port
Y . Submission of logbooks / catch reports : - on / after completion of voyage / end of permit
Z . Controls over transitting of zone by unlicensed foreign fishing vessels

COASTAL COUNTRIES

INDIA

Table E: -Penalties for unauthorized foreign fishing-

STATE	FINES	IMPRISONMENT	FORFEITURE
INDIA	Up to 1 000 000 Rs, offences in EEZ; Up to 1 500 000 Rs, offences in territorial sea; Other penalties from 50 000 Rs to Rs1 000 000, foreseen by law for contravention of licence permit or gear stowage rules	NO (for offences in EEZ)	Vessel, gear and catch: Confiscation is mandatory on conviction.

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