The High Court of Bombay at Goa has directed the authorised officer and other authorities to enforce the prohibition as emanating from the notification issued by the state government in respect of the use of mechanised vehicles failing which the court may be constrained to initiate appropriate action against those responsible for unabated mechanised fishing
despite prohibition.
The petitioner, All Goa Small Scale Responsible Fisheries Union, made a grievance about fishing activities by mechanised vessels despite there being a clear statutory prohibition as per the notification dated July 7, 1981 issued by the government under Section 4(1) of the Marine Fishing Regulation Act, 1980.
The High Court said, “Our attention has been drawn to the notification dated July 7, 1981 and it has been argued by the counsel for the petitioner that the said notification unambiguously prohibits mechanised fishing vessels in the specified area declared as such under the said notification.” The government notification dated July 7, 1981 issued under Section 2(h) of the said Act specifies an area of five kilometres from the coast in the sea along the entire coastline of the Union Territory for the purposes of the said Act.
The 1980 Act was passed by the legislature to regulate fishing in the then existing Union Territory of Goa, Daman and Diu. Section 3 provides for the appointment of authorised officer for the purpose of any provisions of the said Act. Whereas Section 18 which falls in Chapter II of the Act makes a penal provision according to which the authorised officer can take certain penal action in case of violation of provisions of the said Act.