HP Fisheres Rules 1979

HIMACHAL PRADESH

 

FISHERIES

 

RULES-1979

 

Updated copy

(Upto 8^th Amendment)

 

 

 

 

GOVERNMENT OF HIMACHAL PRADESH
FISHERIES DEPARTMENT
No. fsh.a (3)-1/77                                                                                     dated Shimla 2- the 15/11/79
 NOTIFICATION

            Whereas 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, hereby makes the followings Rules:-  

1.        SHORT TITLE, EXTENT AND COMENCEMENT:

(i)      These Rules may be called the Himachal Pradesh Fisheries, (Seventh Amendment) Rules, 2011.

(ii)    They shall extend to the State of Himachal Pradesh.

(ii)     They shall come into force at once.  

PART-I 

 PRELIMINARY 

2.        DEFINATIONS: In these rules, unless the context otherwise requires:- 

(a)    ‘The Act’ 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 those 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 and 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 to village Seri on the left bank and village Badoh on the right 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 & village Kasnaur on the right 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 Daulan 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 divided 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 Pong Dam Starting from village/Muhal 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 Rajpur (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 of 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 of river Suel to to village Ukal (Palai) on the left bank and village Manot on the right bank of river Ravi to village Dharmari on the left bank of river Ravi.

 

 

3 (C) (V) ******           RANJEET SAGAR RESERVOIR:-

                                    Impoundment formed by Ranjeet Sagar Dam (Thein Dam) in the area falling in Chamba District of Himachal Pradesh and it shall be divided into only one beat as under:-

 BEAT NO.I:              From the revenue Village Chonka to Khairi, Lahri, Sandhara, Siharu, Chuhan and Bihnu”. 

3 (C) (VI)********        KOL DAM RESERVOIR:-

                                    Impoundment formed by Kol Dam upto a level of 646 M in the area falling in District of Bilaspur, Shimla, Solan and Mandi of Himachal Pradesh and it shall be divided into following beats:-

BEAT NO. I               From Village Chamyan on the left bank of reservoir and village Kyan on the right bank of reservoir to village Padyar on left bank and village Ahan on right bank.

 

BEAT NO. II              From Village Padyar on the left bank of reservoir and village Ahan on right bank to village Annu on left bank and village Karangal on right bank.

 

BEAT NO. III             From Village Annu on left bank of reservoir and village Karangal on right bank to village Makarchha on left bank and village shakra on right bank.

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 rules 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)                                              =50cms. * * * * 

b)       Trout (Salmo trutta fario or Salmo gairdneri )        =40cms. * * * * 

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 (Schizothorax plaguostomous.)           =40cms.  * * * 

 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 of which he is a member and shall be brought to the landing centre by that 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 or outside the State.

14.   *      “The sale of fish, so weighed under Rule 13 shall be done within 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  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 the 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 it 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 it 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 purposes of culture, capture of fish or any other 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. 

Section 3(3) (k)

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 annexed to these Rules.

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 prescribe the form to be used for any purpose if not otherwise provided for under these Rules. 

PART XIV 

REPEALED AND SAVINGS. 

Section 3.

26.     a) The Rules for the regulation of fishing in Himachal Pradesh promulgated vide Notification No. Ft.3-43/48 dated 23^rd Feb. 1952, No. 1848-D, dated 8^th May, 1952 No.- 10-22/73- FSH.-(Sectt.), dated 15-16/ 10 /1975, No. ©- 2/vol-II/193, dated 15.10.1951 (Sectt). No. 29-1/69- Fish (Sectt.) dated 3^rd  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. 

b)       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.

Note:-

 

*                       Means the 1^st amendment in H.P. Fisheries Rules-1979 vide The Commissioner & Secretary (Fisheries) to the Government of H.P. letter No. Fish-A (3)-1/77 dated Shimla-2, 1^st February, 1985.

* *                    Means the 2^nd amendment in H.P. Fisheries Rules-1979 vide The Additional Chief Secretary –cum- Secretary (Fisheries) to the Government of H.P. letter No. Fish-A (3)-3/90 dated Shimla-2, 24.03.1994.

* * *                  Means the 3^rd amendment in H.P. Fisheries Rules-1979 vide The Commissioner & Secretary (Fisheries) to the Government of H.P. letter No. Fish-A (3)-3/90 dated Shimla-2, 09.07.1996.

* * * *               Means the 4^th   amendment in H.P. Fisheries Rules-1979 vide The Finance Commissioner –cum- Secretary (Fisheries) to the Government of H.P. letter No. Fish-A (3)-3/90 dated Shimla-2, 09.07.1998.

* * * * *             Means the 5^th   amendment in H.P. Fisheries Rules-1979 vide The Secretary (Fisheries) to the Government of H.P. letter No. Fish-A (3)-3/90 dated Shimla-2, 17.01.2006.

******               Added vide Secretary (Fisheries) Government of Himachal Pradesh Notification No. Fish-A(3)3/90-Loose, dated, 04.12.2008.

*******              Added vide Secretary (Fisheries) Government of Himachal Pradesh Notification No. Fish-A(3)2/2009, dated, 01.07.2011.

 

******** Added vide Secretary (Fisheries) Government of Himachal Pradesh Notification No. Fish-A(3)2/2015, dated 18.05.2016.

 

 

FORM FSH-1 (See rules 6 and 22 (a) and Schedule)   Book No………………….Form No…………   License No…………………….   Permission is hereby granted to the person holding this license under the Himachal Pradesh Fisheries Rules, 1979 to fish in water……………………………...with fishing method……………………… For the period of…………………………………...with effect from……………………….under the schedule to the rules……………………………………. ………………………………………………...        Fee paid or adjusted through fee adjustment BILL Rs…………… (Rs…………………….)     Date of payment………………………..

FORM FSH-1 (See rules 6 and 22 (a) and Schedule)   Book No………………….Form No…………   License No…………………….   Permission is hereby granted to the person holding this license under the Himachal Pradesh Fisheries Rules, 1979 to fish in water……………………………...with fishing method……………………… For the period of…………………………………...with effect from……………………….under the schedule to the rules……………………………………. ………………………………………………...        Fee paid or adjusted through fee adjustment BILL Rs…………… (Rs…………………….)     Date of payment………………………..

Director or any Officer authorised.

Director or any Officer authorised.

Conditions under which the license is issued

1.         The license holder shall not catch or kill or sell any fish if the following species are less than the length shown against each

           a)       Mahseer (Tor putitora)                                              = 50 cms.

b)       Trout (Salmo trutta fario or Salmo 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 cms.

h)       Grass carp (Ctenopharyngodon idellus)                    = 45 cms.

                        i)       Gugli or Saloh (Schizpthorax spp.)                          = 40 cms.

            Fish caught below the size shown above shall be released back by the licensee.

2.        The destruction or attempting to destroy fish by gun, spear, bow and arrow and like instruments or pollution of waters by trade affluent or by use of phai, jhatka or any other methods gear defined in the Rules is prohibited.

3.         The licensee holder shall not engaged or employ any person to help him with his fishing gear unless the person so employed is also a licensee holder.

4.         No fishing gear except rod and line shall be used by the license holder in river and streams with in 100 mtrs. from any bridge.

5.         Every license holder shall be bound to show the license to any person empowered under section 8 of the H.P. Fisheries Act 1976.

6.         The license is not transferable.

7.         The license holder is bound to report to the Deputy Commissioner or any Fisheries Officer or Police Officer of any breach of Rules that comes to his notice.

8.         Fishing is not permitted in any water closed to fishing by any Rule notified under section 3(1) of the H.P. Fisheries Act-1956 & described as closed to fishing shown in the schedule.

9.          No trout shall be caught by any person during the period from 1^st November to last day of   February each year. Not more than six trout shall be caught in a day by the license holder.

10.      The holder of a trout fishing license shall fill in the following proforma and return to the Director-cum-Warden of Fisheries on expiry of the license.

  

Weight	Major Carp	Local Mahor	Local	Minor	Total
Rate of fee
Fee amount
Balance of fee
Feed deposited today

Signature of the Contractor or his representative

Signature of president of society or his representative person.

Signature of   employees who weighed the fish

Signature of Incharge of Centre with Designation.