DPAL- Fisheries final rules

(cid:315)(cid:175)ೇಷ (cid:170)ಾಜ(cid:205) ಪ(cid:294)(cid:206)(cid:144)ೆ ¨sÁU À – 4 , 15 2023( 24 1944) . 116 Part – IVA BENGALURU, WEDNESDAY, 15, MARCH, 2023(PHALGUNA, 24, SHAKAVARSHA, 1944) No. 116 GOVERNMENT OF KARNATAKA No.AHF E-53 FSFM 2020 Karnataka Government Secretariat Vikasa Soudha Bangalore, dated 15-03-2023 NOTIFICATION The draft of the Karnataka Inland Fisheries (Conservation Development and Regulation)Rules, 2023,which the Government of Karnataka proposes to make in exercise of the powers conferred by section 23 of the Karnataka Inland Fisheries (Conservation, Development and Regulation) Act, 1996 (Karnataka Act 27 of 2003) is hereby published as required by sub-section (1) of section 23 of the said Act, for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after thirty days from the date of its publication in the Official Gazette. Any objection or suggestion which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above will be considered by the State Government. Objections and suggestions may be addressed to the Secretary to Government, Department of Animal Husbandry and Fisheries, 4th floor, Vikasa Soudha, Bengaluru-560 001. DRAFT RULES 1. Title and commencement.- (1) These rules may be called the Karnataka Inland Fisheries (Conservation, Development and Regulation) Rules, 2023. (2) They shall come into force from the date of their final publication in the official Gazette. 2. Definitions.- (1) In these rules, unless the context otherwise requires,- (a) “Act” means the Karnataka Inland Fisheries (Conservation, Development and Regulation) Act, 1996 (Karnataka Act 27 of 2003); (b) “e-tender” means the electronic tender procedure as adopted by the Karnataka Public Procurement Portal; (1)2 (c) “Exotic fish” means all species of fish of any country other than India; (d) “Fixed engine” means a cage, net, fishing fence, anchor trap or contrivance fixed in soil or made stationary in any other way for taking fish; (e) "Fisheries Co-operative Society" means a co-operative society, registered under the Karnataka Co-operative Societies Act 1959 (Karnataka Act 11 of 1959), where all the members of the co-operative society are fishermen or women; (f) “Fishing gear” means any net, cage, trap or other device used for fishing; (g) “Fish farmer” means an individual or a group of individuals or a firm or an agency doing farming of different varieties of aquatic animals and plants at any stage of their life cycle for their livelihood or to enable them to earn economic gain; (h) “Fish farmer producer organization (FFPO)” means Fish farmer producer organization (FFPO) is registered company under the companies Act, 2013 or the Karnataka Co-operative Societies Act 1959 consisting of such fish producers who are primary producers of fish or fish commodities and approved by the Department of Fisheries; (i) "Fishermen or women" means a person who is engaged in fishing and fishing related activities as occupation for livelihood and also includes fishermen or women by birth or caste; (j) “Fisheries Fasli Year” means one year period starting from 1st of July to 30th day of June of subsequent year for the purpose of disposing fishery rights of water bodies; (k) “Form” means a form appended to these rules; (l) “Inland water bodies” means any public water bodies like village ponds or tanks, irrigation tanks, check dams, river stretches and streams, estuaries, irrigation canals, swamps and reservoirs vested with the Government or local self governing institutions in the State; (m) “License” means a License granted under section 3 of the Act; (n) “Lease” means a Lease granted under section 5 of the Act; (o) "Local Fisheries Co-operative Society" means the Fisheries co-operative society whose members are residents of the locality in which the said society is having jurisdiction over the tank or reservoir or river stretch and other inland water bodies under the provisions of the Act; (p) “Specified area” means such area of inland water as specified in rule 14; (q) “Section” means section of the Act; (r) "Schedule" means schedule appended to these rules; and3 (s) “Sub-standard fish seed” means undersized, diseased and unhealthy fish seed. (2) Words and expressions used in these rules but not defined shall have the same meaning as assigned to them in the Act. 3. Classification of Water bodies.- The Water bodies are classified as Tanks and Reservoirs and river stretches (1) Tanks: (a) Tanks under jurisdiction of the Department of Fisheries,- (i) all the Government owned water resources having achkut area of more than 40 hectares; and (ii) all the Government owned water resources having achkut area up to 40 hectares which are in the jurisdiction of local bodies other than Grama Panchayats. (b) Tanks under the jurisdiction of Gram Panchayats,-The Government owned tanks having achkut upto 40 hectares as specified by the Government from time to time (as per Government Order No. RDPR GRAPA 165 GEP ASA 2002 dated 01/03/2004 and 05/04/2004) (2) Reservoirs,- (a) small reservoirs (Reservoirs having Water Spread Area up to 1000 hectares (ha)); (b) medium reservoirs (Reservoirs having Water Spread Area more than 1000 and upto 5000 hectares (ha)); and (c) large reservoirs (Reservoirs having Water Spread Area more than 5000 hectares (ha)). (3) River stretches.- All rivers and its tributaries flowing within the jurisdiction of the state including check dams and barrages. A portion of 25 km length of a river or portion of river less than 25 km up to the border of Taluk is considered as one river stretch for purpose of disposal wherein the river is flowing. (4) The Director of Fisheries is empowered to notify the list of water bodies from time to time as per the classifications under sub-rule (1), (2) and (3) for disposal of fishery rights, in accordance with the provisions under these rules. (5) Exempted water resources.- (a) reservoirs, river stretches, other water spread areas coming under the National parks and Wildlife sanctuaries are excluded from disposal of fishery rights. (b) the Director of Fisheries is empowered to exempt from disposal or add any water resources (reservoir or tanks or river stretch) for disposal on specific grounds as deemed fit on year to year basis or permanently. 4. Disposal of fisheries rights.- (1) Fisheries rights of all the water bodies notified under sub-rule (4) of rule 3 shall be vested with the Department of Fisheries and the4 revenue accrued shall be remitted to the Government exchequer through the accounts of department of Fisheries only. (2) The fishery rights of the water bodies within the purview of the department shall be disposed through any of the following methods, namely:- (a) lease; (b) e-tender; (c) license for fishing; (d) to frame guidelines to develop fisheries in selected water bodies through sport fisheries, recreational fisheries, public private partnership (PPP) mode with the approval of the Government; and (e) any other method notified by the Government from time to time. (3) The rights of fisheries disposed under sub-rule (2) shall be vested with the lease holder for the period specified in the lease order and no other individual or organizations or departments or institutions shall have claims of the fisheries rights. 5. Method of Disposal of Fisheries Rights through lease.- The following procedure and guidelines shall be followed by the authorized Officers while disposing the fishery rights of resources through lease. (a) disposal of fishery rights through lease for fisheries fasli year. (b) fishery rights shall be leased for the period of five years by inviting applications from eligible Fisheries Co-operative Society and Fish farmers producers organizations (FFPOs). Lease Application form shall be collected from the Taluk Fisheries Office by paying rupees 1000/- as application fee. Any Fisheries Co-operative Society or Fish farmers producers organization (FFPO) fulfilling the conditions specified in Schedule-I is eligible for obtaining lease of fishery rights of water bodies in accordance to the provisions of these rules. (c) the Fisheries Co-operative Society/FFPOs shall submit application for obtaining the fishery rights of the particular tank in the Form-1 along with the documents specified in Schedule-I. (d) the list of water resources available for lease and last date of submission of application shall be made available through notification to the public in Form-2 by the concerned Taluk fisheries Officer in offices of the concerned Taluk Fisheries, Tahsildar, Taluk Panchayath, concerned Gram panchayath, District and Zonal fisheries. (e) minimum twenty days period from the date of notification must be provided for submission of application. However, the Director of Fisheries is empowered to permit short term notification in special circumstances. (f) the list of water resources available for lease and last date for submission of application shall also be notified in more than one Kannada daily news paper having wider circulation.5 (g) each Fisheries Co-operative Society or Fish farmers producers organization (FFPO) shall be eligible to obtain the lease of fisheries rights of three tanks provided total water spread area does not exceed three hundred hectares or any one reservoir or three rivers stretches as the case may be. In cases, where water spread area of water resource exceeds three hundred hectares, then the Fisheries Co- operative society or Fish farmers producers organization (FFPO) is eligible to get fishery rights of only one water resource. (h) in case where more than one Fisheries Co-operative Society or Fish farmers producers organization (FFPO) having jurisdiction of the same tank, apply for lease, then first priority shall be given to village level Fisheries Co-operative Society then to Hobli level, Taluk level and District level Fisheries Co-operative Society and then to Fish farmers producers organization (FFPO) respectively. (i) in case more than one Fisheries Co-operative Society having the same jurisdiction apply for lease of one water resource, then the disposal shall be done by conducting e-tender amongst the eligible Fisheries Co-operative Society who have applied for. Similarly in case more than one Fish farmers producers organization (FFPO) having the same jurisdiction apply for lease of one water resource, then the disposal shall be done by conducting e-tender amongst the eligible Fish farmers producers organization (FFPO) who have applied for. (j) selected river stretches or estuaries shall be considered for leasing to Fisheries Co-operative Society or to such wildlife conservation organization established for conservation of fish species, conservation of biodiversity or protection of special variety of fish species subject to maximum three river stretches. Such wildlife conservation organizations must have registered as organization involved in fish species conservation and shall have specified 'fish conservation' as one of their objectives in their bye-law and must be reputed and must have worked for ten years on conservation. (k) the lease amount for the first year is fixed at rupees one thousand per hectare of effective water spread area (fifty percent of the total water spread area) or average revenue realized during last three revenue realizing years considering the years (wherein actually revenue has been realized) whichever is higher. The lease amount for the second and subsequent years is fixed by enhancing the first/ previous year lease amount by ten percent. (l) in case of “tanks filled by Lift-irrigation method” the lease amount for the first year is fixed at rupees three thousand per hectare of effective water spread area (fifty percent of the total water spread area) or average revenue realized during last three revenue realizing years considering the years (wherein actually revenue has been realized)6 whichever is higher. The lease amount for the second and subsequent years is fixed by enhancing the first or previous year lease amount by ten percent. (m) along with the lease application the applicant shall pay security deposit (twenty five percent of the lease amount fixed for first year) and lease amount for the first year in the form of separate demand drafts. The application shall be rejected if the applicant does not furnish the demand draft towards security deposit and first year lease amount. In case of violation of terms and conditions of the lease, the security deposit shall be forfeited to the Government otherwise, the security deposit without interest shall be refunded to the lessee only after expiry of lease period. (n) the taluk fisheries officer shall forward the applications received from eligible fisheries co-operative society or Fish farmers producers organization (FFPO) with due recommendation along with duly filled Form-3 to the concerned lease confirmation authority for confirming the lease. (o) the Concerned lease confirmation authority shall issue the lease order based on merits of the application and lessee shall be abide by the terms and conditions as mentioned in Schedule II. (p) the lessee shall submit lease agreement to the taluk fisheries officer in Form-4. (q) officer authorized to confirm lease:- The confirmation authority to lease fisheries rights shall be,- TABLE Lease confirmation authority Financial Limits of Power (Annual Lease amount in rupees) Secretary to Government (Fisheries Full powers Department) The Director of Fisheries Upto Rupees 50,00,000/- The District jurisdictional Deputy Upto Rupees 5,00,000/- Director of Fisheries (r) The Lease confirmation shall be subject to the terms and conditions notified by the Government from time to time. 6. Procedure for renewal of lease.- (a) demand notice shall be served during first week of April to file the required documents (Details of dividends paid to co-operative members through Direct Beneficiary Transaction (DBT) mode, Monthly bank transaction statement, Fish seed stocked details, Monthly wise fish catch details, etc) along with requisite amount7 towards lease amount, stamp duty, etc., for renewal of lease of fishery rights for next fisheries fasli year through any mode of financial transaction as approved by the Government from time to time. (b) 30th day of April of every year shall be the deemed last date for payment of annual lease amount for subsequent fisheries fasli year. (c) the taluk fisheries officer shall forward the renewal applications with relevant documents received from fisheries co-operative society/Fish farmers Producer Organization (FFPO) to the District Fisheries Officer with due recommendations for renewal of lease. (d) lease renewal order shall be issued subsequently by the District Fisheries Officer once the lessee had paid requisite amount and submit documents to the concerned authority. (e) when the lessee fails to pay the annual lease amount within stipulated time the taluk fisheries officer shall send the proposal to the concerned authority for cancellation of lease of fishery rights of water resource. Then procedure shall be followed for re-disposal of the fishery rights of the water resource through lease or e-tender as per time schedule of events. (f) when the lessee fails to pay the annual lease amount or violates any terms and conditions of lease as specified in Schedule-II, the lease confirming authority or higher authority shall have the power to cancel the lease rights and the concerned district fisheries officer is authorised to issue order for re-disposal of the same through e-tender or lease as per time schedule of events. (g) the District fisheries officer shall ensure that only after cancelling the lease rights, re-disposal order shall be issued. 7. Method of Disposal of Fishery Rights through e-tender.- The following procedure and guidelines shall be followed by the Authorized Officers while disposing the fishery rights of resources by e-tender method, namely:- (a) water resources which are not disposed by method of leasing shall be disposed through e-tender procedure for the period of five years. (b) certain percentage of the water bodies shall be reserved for Scheduled caste and Scheduled tribes and shall be disposed by following the procedures and the guidelines notified by the Government from time to time. (c) the e-tender shall be conducted in three rounds after conducting survey about water storage in tanks. Three rounds of e-tender shall be completed in all respects before 31st December of the year. (d) Taluk fisheries officer shall notify the calendar of events along with the list of tanks available for 1st round, 2nd round and 3rd round of e-tender in Form-5 and shall be made available to the public in the offices of concerned Taluk Fisheries, Tahsildar, Taluk Panchayath, concerned Gram panchayath, District and Zonal fisheries. Minimum8 fifteen days period for conducting e-tender from the date of notification shall be ensured. (e) fifty percent of the average annual income realized during last five years or amount arrived for fifty percent of the water spread area (rupees one thousand per hectare) or rupees ten thousand whichever is higher shall be fixed as minimum e-tender amount by the Government. (f) the e-tender procedure (Photo ID, Standard bid document, DSC, EMD etc…) shall be adopted as specified by the Government (Karnataka Public Procurement Portal). (g) the security deposit amount shall be fixed at rupees one thousand per hectare by considering fifteen percent of the effective water spread of the tank. (h) the taluk fisheries officer shall open and evaluate technical bids to verify Earnest Money Deposit (EMD and reservation claims, identity address proof etc as per the terms and conditions of the bid document. The financial bids of only those bidders whose technical bids are accepted shall be opened. (i) the bid amount quoted by the bidder shall be the lease amount for the first year for the tank and subject to renewal for the subsequent year by enhancing 10% of the tender amount realized for the preceding year. (j) the bidder who quoted the highest bid amount (H-1) shall pay the same amount along with security deposit in the form of demand draft or any other means specified by the Government from time to time to the taluk fisheries officer as per the time specified in the bid document. (k) In case the H-1 bidder fails to pay the quoted bid amount along with security deposit, then the taluk fisheries officer shall forfeit EMD amount of H-1 bidder and intimate the second highest bidder (H-2) to pay the H-1 bid amount along with security deposit as per time specified in the bid document. (l) in case of tie in the tender amount quoted, the successful tenderer shall be decided by drawing lottery amongst tied tenderers. (m) the Earnest Money Deposit (EMD) amount of all unsuccessful bidders will be refunded through online after completion of the tender process. (n) the taluk fisheries officer shall issue official acknowledgement for receiving the demand drafts from the successful bidders and shall send proposal for confirmation of tender to concerned tender confirming authority along with checklist in Form-3. The confirmation of e-tender is subject to approval by the e-tender confirming authority and lessee shall abide by the terms and conditions as mentioned in Schedule-III.9 (o) the officers authorized to confirm e-tender process.- The confirmation authority for the fishery rights through e-tender shall be,- Financial Limits of e-Tender confirmation Power (Annual Lease authority amount in rupees) Secretary to Government Full powers (Fisheries Department) The Director of Fisheries Upto Rupees 50,00,000/- The District jurisdictional Upto Rupees 10,00,000/- Deputy Director of Fisheries (p) the e-tender confirming authority shall issue lease order for the successful bidder and Taluk fisheries officer shall obtain lease agreement from successful bidder in the Form-6. (q) in case the H-1 bid amount is less than the minimum tender amount specified for the tank, then the taluk fisheries officer shall reject all the financial bids and initiate retendering process. (r) whenever minimum e-tender amount fixed in the e-tender is not realised even in 3rd round, then taluk fisheries officer shall dispose the tank for that particular fasli year only by issuing licences only after obtaining permission from the Director of Fisheries. (s) If there is no demand for issuing license, then taluk fisheries officer shall submit proposal to the Director of Fisheries through proper channel seeking exemption from disposal of fishery rights of water bodies. The Director of Fisheries shall issue order of exemption from disposal of fishery rights of such inland water bodies before the end of respective fasli year in Form-7. 8. Procedure for renewal of e-tender for subsequent years.- (a) 30th day of April of every year shall be the deemed last date for payment of annual lease amount for subsequent fasli year. (b) the Taluk fisheries officer shall issue demand notice through registered post during first week of April for payment of lease amount insisting to file the documents (Fish seed stocked details, Month wise fish catch details, etc) required for renewal of lease of fishery rights for next fasli year. (c) the renewal amount for the subsequent year is to be fixed by enhancing 10% of the tender amount realized for the preceding year. (d) the taluk fisheries officer shall forward the renewal applications with relevant documents received from tenders to the district fisheries officer. (e) the district fisheries officer shall renew the lease of tanks for 2nd, 3rd, 4th and 5th year after receiving proposals from taluk fisheries officer. Lease renewal order shall be issued subsequently by the district10 fisheries officer after verifying the documents and payment of lease amount. (f) when the lessee fails to pay the annual lease amount within stipulated time, taluk fisheries officer shall send the proposal to the concerned authority for cancellation of lease of fishery rights of water resource. (g) the competent authority confirming the tender or the Director of Fisheries shall have the powers to cancel the confirmation of lease of fishery rights of tanks disposed in tender. (h) then procedure shall be followed for re-disposal of the fishery rights of the water resource through lease or tender as per time schedule of events. (i) when the lessee fails to pay the annual lease amount or violates any terms and conditions of lease, the competent authority shall cancel the lease rights and the concerned district officer is authorised to issue order for re-disposal of the same through tender or lease as per time schedule of events. (j) the authorised officer shall issue lease order only after duly cancelling the previous lease order if any. 9. Fisheries Fasli year and Lease Period.- (1) The period between 1st day of July of every year to 30th day of June of next year is to be considered as Fisheries Fasli year. The fishery rights either through lease or Tender shall be disposed for a period of maximum five years. But the licenses of the professional fishermen is limited to the particular fisheries fasli year. Period of licences and lease orders issued in the middle of the fasli year shall also terminate by the end of the fisheries fasli year. (2) The Director of Fisheries shall have powers to modify or postpone the event dates with respect to leasing of fishery rights of tanks through lease or tender and also renewal of lease due to administrative reasons like declaration of elections, and such other exceptional events in a particular fasli year by an Order. 10. Effective water spread Area and fixation of lease Amount.- (1) While disposing the fishery rights of the water resource for the first time, fifty percent of the total water spread area is taken as effective water spread area and the lease amount is calculated at the rate of rupees one thousand per hectare. (2) In the case of tanks which have been disposed previously, the average revenue realized for the last three years (years wherein actual revenue has been realized) in case of lease process and last five years in case of e-tender process or at the rate of rupees one thousand per hectare (whichever is higher) is considered as lease amount for the 1st year. For the remaining period of four years, lease amount shall be fixed by enhancing ten percent of the lease amount of the preceding year. (3) While leasing river stretches, an amount of rupees one thousand per km is fixed as lease amount for the first year. For the remaining period of four years, lease amount shall be fixed by enhancing ten percent of the lease amount of the preceding year.11 (4) Leasing authorities mentioned under rule 5 shall lease river stretches to fishermen co-operative Societies. But this power exclusively vests with the Director of Fisheries while leasing out to conservation Societies established for the purpose of conservation of fish. (5) in case of “tanks filled by Lift-irrigation method” the lease amount for the first year is fixed at rupees three thousand per hectare of effective water spread area (fifty percent of the total water spread area) or average revenue realized during last three revenue realizing years considering the years (wherein actually revenue has been realized) whichever is higher. The lease amount for the second and subsequent years is fixed by enhancing the first/ previous year lease amount by ten percent. (6) Once the 1st block of 1st five years lease period is over and at the time of submission of new proposal for the second block period of five years for the same water resource, then again fifty percent of the total water spread area of that water resource is considered as effective water spread area and to the area so considered an amount of rupees one thousand per hectares or rupees one thousand per km. to the river stretches or an average revenue realized for last three years (years wherein actual revenue has been realized) in case of lease process and last five years in case of tender process whichever is higher shall be fixed as lease amount for the first year. For the remaining period of four years, lease amount shall be fixed by enhancing ten percent of the lease amount of the preceding year. Similarly lease amount is fixed for the third and subsequent block periods. (7) The lease amount shall be revised by the Government periodically based on criteria like inflation, wholesale and retail price of fish, production cost, harvesting charges etc. 11. Extension of lease period in case of disposal by lease and / or tender.-(1) The lease period shall be extended in case of disposal of water bodies either through lease or tender in the following circumstances in case to case basis, namely:- (a) Drought condition – As per the declaration issued by the revenue department for the particular year and taluk. (b) Excess rainfall- When the tank is breached and water is not retained. (c) Repair of tank- Only when the tank bund is demolished and tank doesn’t retain any water or if the tank is emptied for repair/ /renovation/modernization. (2) In all the above three cases where extension of lease or tender can be approved only on payment of lease/tender amount for a period of not more than two years. (3) The Secretary to Government (Fisheries) is empowered to issue orders of extension of lease on examining the proposals on case to case basis on merit. 12. Method of disposal of fishery rights through licensing.- (1) The following procedure and guidelines shall be strictly followed by the authorized Departmental12 Officers, notified by the Director of Fisheries from time to time, while disposing the fishery rights of resources by issuing licences,- (a) Fishing licence shall be issued for selected river stretches and reservoirs as per the notifications issued from the Government from time to time and (b) Applications for the licence shall be disposed as per the time frame fixed in the Karnataka Sakala Services Rules, 2012. (c) Every year, in every reservoir, licences shall be issued for fishermen and allow them to catch local fish species by using 12.5 mm mesh sized dragnets, maaribale and other similar nets from 1st April to 15th May. License fee shall be fixed at rupees 75/- per meter length of net and maximum upto 300 meters of net shall be allowed for fishing. (2) Every application for grant of licence for fishing shall be made in Form-8 along with fee specified. (3) The fee shall be paid by a demand draft drawn in favour of authorised officer or in any mode specified by the Govt. (4) The Authorized Officer shall issue the licence on consideration of the applications. Every licence granted under sub-section (3) of section 3 of the Act shall be in Form-9 and the licensee shall abide by the terms and conditions as specified in Schedule-IV. (5) The licence issued under sub-rule (1) shall be valid for the year or month or week as the case may be specified in the licence depending on the licence fees collected. Annual licence issued during any day of the year shall expire on 30th June of succeeding year. (6) The authorised officer shall maintain a copy and list of the Licence issued. (7) The Licence shall be issued to professional fishermen or sport fishermen by fixing fee, place and period to carry out fishing. Fishing shall be carried out only by licensee in the area specified in water bodies of the State notified by the Director of fisheries from time to time. (8) The Licence fees for fishing in inland water bodies shall be as follows:- Sl. Details of different License fees No. types of fishing Reservoirs /tanks Rivers/Estuaries method (a) Fishing by two Rs.6000/- for 1st Rs.1500/- for first 200 mt. fishermen with 300 mt. length and length and thereafter for coracle using more thereafter for every every 100 mt. length than 2½ inch mesh 100 mt. length Rs.300/- upto a maximum size gillnet Rs.1000/-upto a of 200 mt length - maximum of 200 annually mt length - annually13 (b) Fishing by single Rs.3000/- for first Rs.1000/- for first 200 mt. fisherman with float 300 mt. length and length and there-after for using more than 2½ thereafter for every every 100 mt. length 100 mt. length inch mesh size gillnet Rs.150/- upto a maximum Rs.1000/- upto a of 200 mt length - maximum of 200 mt annually length - annually (c) Fishing by two Rs.2000/- per Rs.1250/- per annum fishermen with annum coracle using cast net (d) Fishing by long line Rs.1500/- per Rs.1000/- per annum with the help of annum coracle (e) Fishing by hook and Rs.1000/- per Rs.1000/- per annum or line for every annum or Rs.300/- per month individual Rs.400/- per (Professional month fisherman) (f) Fishing by hook and Rs.400/- per Rs.400/- per month or line for every month or Rs.150/- per week individual (Sport Rs.150/- per week fisheries) (9) The Licence fees or amount shall be revised by the Government periodically based on criteria like inflation, Prices of fish, harvesting charges etc. (10) The Police Department has to give the protection for the lessees/ licencees who are having lease order of water bodies from the Department of Fisheries in case of any grievances by the villagers or other public. In such cases, officers of the Fisheries Department shall co-operate with the lessees to give protection. 13. Regulation of Fishing, Fishing appliances and patrolling.- (1) The Director of Fisheries shall notify from time to time the names or area of the water bodies which are prohibited for fishing and no person shall do fishing in such prohibited water body or area. (2) No person shall erect fishing gear, fixed engines, stake nets, carriers etc., or any such devices in public waters without permission. (3) No person shall operate any fishing gear, net, capture device of mesh less than specified size. (4) No person shall catch fish by angling in any public water without obtaining permission. (5) No person shall use gun, spear, arrow, harpoon or any other similar weapon in any public water with intention to catch, take or destroy any of the fish therein. (6) Use of drag net, “maaribale” and such related nets are prohibited for fishing in such notified water bodies. (7) No person shall use any harmful electrical or electronic devices for fishing.14 (8) No person shall use any dynamite or explosive substance in any public water with the intention to catch or to destroy the fish therein (9) No person shall put or release or discharge any poison, or noxious materials like Dichloro Diphenyl Trichloro Ethane (DDT), Benzene hexachloride, other pesticides, allied chemicals, mahua oil cake, tea seed cake or any indigenous or herbal substances into any water with intention to catch or destroy the fish therein. (10) The authorized officer may carry out the patrolling of the inland waters to detect any violation of the provisions of these rules. (11) The authorized officer shall have power to seize, forfeit and remove fish as well as fishing gear, which is used or erected in contravention of the Act and rules made there under.The authorized officer shall impose a penalty of upto maximum of rupees two thousand and seize the material. (12) Disposal of seized fish or coracle or boat or gear or material: (a) the seized fish shall be auctioned immediately and the sale proceeds shall be remitted to the revenue head within next three working days; (b) if the seized fish is not salable or edible condition, it shall be disposed accordingly after recording the item wise quantity and other details, if any, with reason for disposal. The entire process shall be videographed; (c) in case of any coracle or boat, gear or other material seized, it shall be taken in the separate stock of stores with proper record up to the adjudication date and after that shall be released or auctioned and the sale proceeds shall be remitted to the revenue head accordingly; and (d) in case of the illegal material, if any, seized shall be destroyed after obtaining prior permission from the Zonal fisheries officer. (13) If the penalty amount is not recovered then the concerned Zonal Fisheries officer (Joint Director of Fisheries) shall exercise the power to compound an offence and decide the matters. 14. Prohibition or Banning of Fisheries or Conservation.- (1) The Government shall declare and notify any specific area of water resource such as reservoir, tanks, or river stretch or whole water resources as fish sanctuary for the purpose of protecting and propagating for development of fisheries. (2) The Government by notification shall have powers to prohibit any kind of fishing activity for particular period in any water bodies as it deems fit. (3) The Sanctuaries already declared may be protected. 15. Cage culture in open water bodies.- (1) Cage culture includes culture of fish and shellfish etc in net enclosures suspended in reservoir or water bodies. (2) A committee shall be formed under the chairmanship of the Director of Fisheries to select suitable water bodies and locations for implementation of cage culture projects. This committee is empowered to select the applicants to obtain15 lease of water spread area in water bodies for cage culture by adopting transparent and fair method. (3) The department of Fisheries shall initiate action to promote fish culture in cages in suitable locations of the selected water bodies. This may be implemented through the State Fisheries Department or capable entrepreneurs or Co-operative societies or Organizations by allocating them suitable places on lease basis adopting transparent method as notified by the department of fisheries. (4) The Director of Fisheries shall issue lease of unit area in any water body for taking up cage culture to beneficiaries. (5) The Zonal fisheries officer shall renew the lease of the cage culture units for subsequent years on receipt of proposals from the District fisheries officer. (6) The maximum of two percent of water spread area in a water bodies is reserved for Cage culture. (7) The period of lease shall be ten years. The annual fasli year starts from 1st of October and ends by 30th of September next year. (8) An area of 0.25 hactare (ha) water spread area shall be leased to every individual unit. The companies or firms can have more than one unit to achieve economic viability of the project. (9) A lease amount of rupees twenty thousand shall be fixed to each unit for the first year and for the remaining period of nine years, lease amount shall be fixed every year with an enhancement of 10% to previous years’ lease amount. (10) Maximum of four units shall be leased to each beneficiary or individual. (11) The Government shall have powers to revise the lease amount to be fixed periodically. (12) The Government shall have powers to notify the suitable areas in other water bodies like estuaries, rivers, tanks etc for taking up cage culture by private entities by stipulating terms and conditions. (13) The lessee or cage farmers shall abide by the guidelines issued by the Government for responsible cage farming in open water bodies from time to time. 16. Registration of Fish Breeding or Fish seed rearing Farms or Ornamental Fish Production, rearing and marketing activities.- (1) Any person who intends to carry on breeding of fish or rearing of fish seed or production or rearing or marketing of any fish seed including ornamental fish for commercial purpose shall register with concerned Zonal Fisheries officer. And adopt sufficient bio-security measures to prevent the escape of reared fish to natural water body even during heavy rain and floods. (a) All existing unregistered fish breeding or fish seed rearing ponds/farms or ornamental fish production, rearing, and marketing units shall be registered with the registering authority within three months from the date on which these rules come into effect. Application shall be made in the prescribed form along with the registration fee. If the person fails to register the existing fish breeding or fish seed rearing ponds/farms or ornamental fish production, rearing, and marketing units in the16 prescribed time, shall be liable for a penalty of rupees 500/- per hectare or per unit, as the case may be, along with registration fee. Any fish breeding or fish seed rearing ponds/farms or ornamental fish production, rearing, and marketing units found operational even after the extended period, i.e., after due date without having applied for registration, three notices (with minimum fifteen days time for each notice) shall be issued to the pond or Farm owner or Unit owner and finally, if not paid, action shall be initiated for seizing of the material, auction it and deposit the sale proceeds to the Government. (b) “License for trade” shall be issued by the concerned local bodies (Licensing authority) only after registration of ornamental fish production, rearing and marketing units in the Fisheries department, (2) Application for registration shall be made to the concerned taluk fisheries officer in Form-10 for fish breeding or fish seed rearing farms. (3) Application for registration for production and/ or rearing or marketing of ornamental fish shall be made to the concerned taluk fisheries officer having jurisdiction in Form-11. (4) For subsequent renewal of registration for fish breeding or fish seed rearing farms, application shall be made in Form-12 (5) For subsequent renewal of registration for production or rearing or marketing of ornamental fish, application shall be made in Form-13 (6) All the registration shall be renewed once in every two years. (7) For Registration and Renewal of the farm taluk fisheries officer should physically verify the farm. (8) The registration fee and renewal fee shall be as specified below which shall be paid either in cash or by a demand draft drawn in favour of the concerned Zonal Fisheries officer and a receipt shall be enclosed along with the application as follows:- (a) The fee for registration of fish breeding or fish seed rearing farms,- TABLE Sl. Water Spread Area of Fish Registration Renewal No. seed production / rearing Fee (in Fee(in Farm rupees) rupees) 1 Farms up to 1 hacter (ha) 5,000/- 2,000/- 2 Farms more than 1 hacter (ha) 10,000/- 4,000/-17 (b) The fee for registration of Ornamental Fish Farms and Marketing Units,- TABLE Sl. Locality of ornamental fish Registration Renewal Fee No. production or rearing farms or Fee (in rupees) marketing units (in rupees) Areas under the Bruhat 4,000/- 2,000/- 1 Bengaluru Mahanagara Palikelimits Areas under other City 3,000/- 1,000/- 2 Corporations Areas under City Municipal 2,000/- 1,000/- Council or Town Municipal 3 Council or Town Panchayats or other area under the Karnataka Municipalities Act, 1964. Rural area (the area other than 1,000/- 500/- 4 the urban areas) (9) The Zonal Fisheries officer or officer not below the rank of District fisheries officer shall periodically inspect the place of breeding or rearing and satisfy himself of the facilities of fish breeding or rearing and place of production or rearing or marketing of ornamental fish or seed; (10) The Registration certificate for fish breeding and fish seed rearing shall be granted in Form-14. The Registration certificate for ornamental fish production or rearing or marketing of ornamental fish or seed shall be granted in Form-15. (11) No person shall breed or rear undesirable fish species or ornamental fish species which are notified by Government from time to time. (12) No person shall breed or rear fish species or ornamental fish species other than the species for which registration certificate is obtained. (13) Any person who intends to breed fish or rear fish seed or production or rearing or marketing of ornamental fish shall follow such guidelines and management measures as may be issued by the Department from time to time. (14) The person who has registered for fish breeding other than ornamental fish breeding shall maintain register of brood stock in Form-16, Fish breeding register in Form-17 and Fish seed Rearing and supply Register in Form-18. (15) The person who has registered for ornamental fish production shall maintain register of brood stock in Form-19, ornamental fish breeding or rearing register in Form-20, ornamental fish seed rearing and supply and marketing details of ornamental fish register in Form-21. (16) The fish seed producer or rearer shall file details of fish seed production and supply report on monthly basis to the concerned taluk fisheries officer in Form-22. (17) The authorized person involved in ornamental fish production or rearing or marketing shall submit details of ornamental fish seed production or rearing or18 marketing report on monthly basis to the concerned taluk fisheries officer in Form- 23 for production and rearing, and in Form-24 for marketing. (18) Authorised person who is involved in carrying out breeding of fish or rearing of fish seed or production and or rearing or marketing of ornamental fish for commercial purpose shall produce all the registers and details on demand or hand it over for inspection to the authorized officer. (19) The registration is subject to cancellation at any time for reasons violating the provisions of the Act or these rules by the concerned Zonal fisheries officer after obtaining permission from Director of Fisheries. (20) The farm or unit owner shall abide by the guidelines notified by the Government for responsible fish farming and related aspects from time to time. (21) Terms and conditions for grant of Certificate of Registration.- Every certificate of Registration granted under sub-rule (10) of rule 16 shall be subject to the following conditions, namely:- (a) The certificate of registration is not transferable and shall be exhibited in the premises of farm and produced for inspection whenever demanded. (b) The seed producer or rearer shall not discharge any water from such ponds or farms where diseases have been manifested (like white spot disease of shrimp, ulcerative disease syndrome or any other disease notified by OIE) and should follow stringent disinfection / sanitation procedures. (c) Antibiotic and other pharmacologically active substance which are banned by the Government of India and published in gazette notification from time to time shall not be used in seed farms. (d) The seed producer shall also be responsible for safety of water in which he is carrying out breeding activities. (e) Eco friendly and sustainable aquaculture management practices shall be adopted. (22) Terms and conditions of fish breeding.- (a) If any dam or weir is constructed against any river which affect the migratory route of any fish or groups of fish, necessary provision for fish passes shall be made as per the condition laid down while granting approval of the Director of Fisheries. (b) No person shall breed or rear undesirable fish species which are notified by the Government from time to time. (c) The Authorized Officer shall have power to seize and destroy any harmful fish seed or exotic fish which are banned. In such cases, the fish farmer has no right to claim any compensation equivalent value of fish/fish seed by the Department of Fisheries.19 (d) Any person who intends to import fish seed or fish species for culture purpose from outside the state or the country shall obtain prior permission from the Director of Fisheries. 17. Fish Seed Certification.- (1) Application for grant of certificate for ornamental fish in Form-25 and for fish seed in Form-26 shall be made to the Authorized officer. The application shall be addressed to taluk fisheries officer and who shall be forward to higher authorities with his recommendation; (2) No person shall sell or distribute sub standard or diseased fish seed or diseased ornamental fish or seed; (3) No person shall sell or distribute fish seed or ornamental fish or seed without obtaining fish seed certificate; (4) Each consignment of fish seed or ornamental fish or seed transported from one place to another or from one State to another shall indicate the source of the seed (Name and location of hatchery, type and size of seed, supplied by and supplied to), the authorized officer who shall have the power to check, confiscate or destroy any consignment which lacks such details; (5) The authorized officer or his representative shall have the right to enter any fish or shrimp breeding farm (hatchery) or fish or shrimp seed rearing farm for ensuring the quality of fish or shrimp seed or ornamental fish or seed produced and to examine the condition of the available brood stock and take appropriate action in the event of non-compliance of quality regulation; (6) Zonal fisheries officer is the authority to issue the fish seed certificate. However the applicant shall submit the application to taluk fisheries officers who will forward the same with his recommendation; (7) Grant of Fish seed certificate shall be in Form-27 for fish seed and in Form-28 for ornamental fish or seed; (8) The authorized officer shall have powers to seize substandard or diseased fish seed or ornamental fish or seed and destroy the same; and (9) In any dispute about scientific details, the matter may be referred to designated referral laboratory. 18. Registration and Regulation of Aquaculture activities in Private Ponds (owned or leased).- The following guidelines shall be adopted or followed for registration of aquaculture ponds and supervision of aquaculture activities. (1) No person shall carry on or continue fresh water aquaculture in ponds constructed either in own land or leased land without obtaining registration in the Department of Fisheries. All existing unregistered aquaculture ponds / farms shall be registered with the registering authority within three months from the date on which these rules come into effect. Application shall be made in the prescribed form along with the registration fee. If the person fails to register the existing aquaculture pond/ farm in the prescribed time, shall be liable for a penalty of rupees 500/- per acre along with registration fee. Any freshwater aquaculture pond/ Farm found operational even after the extended period, i.e., after due date20 without having applied for registration, three notices shall be issued (with minimum 15 days time for each notice) to the pond or Farm owner and finally, if not paid, action shall be initiated for seizing of the material, auction it and deposit the sale proceeds to the Government. (2) The application for registration in Form-29 shall be made to the Taluk Fisheries officer and the Zonal fisheries officer shall be the registering authority. The taluk fisheries officer shall inspect the location of the pond or farm and forward the application along with the inspection report to the District fisheries officer. (3) The application for renewal of registration shall be made in Form 30 to the taluk fisheries officer. (4) The registration fee shall be rupees two hundred for farm having less than one acre area, rupees five hundred for one to five acres and rupees one thousand for morethan fiveacres. The renewal registration fee shall be rupees hundred, rupees two hundred fifty and rupees five hundred respectively. (5) The registration shall be valid for period of two years from the date of registration. (6) The registration certificate of aquaculture ponds shall be granted in Form- 31 and renewal certificate in Form-32. (7) All existing unregistered aquaculture ponds or farms shall be registered with the registering authority within six months from the date on which these Rules come into effect. Application shall be made in the prescribed form along with the registration fee. If the person fails to register the existing aquaculture pond or farm in the prescribed time, shall be liable for a penalty of rupees one thousand over and above the specified registration fee. (8) Any freshwater aquaculture pond or Farm found operational even after the extended period, i.e., after due date without having applied for registration, action shall be initiated to close the unit or farm, seize the culture material and dispose accordingly and blacklist for further aquaculture practices. (9) Any aquaculture pond or farm constructed availing financial assistance under various schemes of the Government shall also be registered. (10) The terms and conditions to be followed by registered fish farmer, namely:- (a) Antibiotics and other pharmacologically active substances which are banned by the Government of India and published in Gazette Notifications from time to time shall not be used for aquaculture; (b) Environment friendly and sustainable aquaculture management practices should be adopted; (c) Shall not obstruct natural drainage canals or flood drains and cause flooding of low lying areas and villages;21 (d) No person shall breed or rear undesirable fish species which are notified by the Government from time to time; (e) The fish farmer shall file the report regarding fish seed stocked, quantity harvested, expenditure incurred and profit earned annually to the concerned taluk fisheries officer; and (f) the seed shall purchase from authorized fish seed production and rearing farms; and report if any parasitic infections and diseases found in the pond. (11) The registration shall be cancelled by the issuing authority if the registered farm violates any provisions of section 14 and action shall be initiated to close the unit or farm, seize the culture material and dispose accordingly and blacklist for further aquaculture practices. 19. Regulation of Fish Contract Farming activity in self owned ponds.- (1) The fish contract farmer and integrator or buyer shall enter into a valid agreement and a copy of the registered agreement shall be made available to the concerned district fisheries officer. (2) Both the fish farmer (contract farming) and the integrator shall enroll with the district fisheries officer. The application shall be made in the Form-33 and Form-35 respectively by paying an enrollment fee of rupees five hundred. (3) The enrollment certificate for fish farmer (contract farming) orproducer and to the fish buyer or integrator shall be granted in Form-34 and Form-36 respectively. (4) The agreement between the fish farmer (contract farming) and the integrator or buyer shall be in Form-37. (5) The integrator shall file the report annually to the enrolment authority with respect to production outputs and benefits accrued to the farmer. In the format specified by the enrolment authority. 20. Guidelines applicable to Gram Panchayaths with respect to disposal of Fishery Rights of Inland Water Resources within Gram Panchayath limits.- The following guidelines shall be applicable to the Gram Panchayaths with respect to disposal of fishery rights of Grama Panchayat tanks (Tanks with achkut less than and upto 40 hectares (ha)), namely:- (1) Fisheries fasli year for the purpose of disposal of fishery rights is from 1st July to 30th June of next year. (2) The Gram Panchayat to seek technical advise, co-operation and guidelines to take up fish culture from the local fisheries officer. (3) The Gram Panchayats shall develop fisheries in the tanks within their limits through as categorized below :22 a) Tanks that are upto 10 Ha water spread area shall be developed through Women Self Help Groups (SHGs) by leasing the tanks for the maximum period of five years via Gram panchayath level federations. b) Tanks that are morethan 10 Ha water spread area shall be disposed through e-tender as per the procedure in Rule-7 with required modifications to the standard bid document. c) In case the tanks are not disposed by above methods then Gram panchayaths shall consider to lease the tanks to local fisheries co- operative societies/FFPO as specified in Rule-5. (4) The Gram Panchayaths themselves shall issue confirmation of the fishery rights disposed by them. (5) The Gram Panchayaths and successful tenderers shall stock fish seeds in the tanks procuring seeds from Departmental or approved fish seed production or rearing farms as per the recommendations of the local fisheries officer. (6) Under no circumstances there shall be stocking of tanks with banned varieties of exotic cat fish viz. African Catfish, Chinese big head etc.. and those varieties that would cause destruction of local fish fauna. (7) The Gram Panchayath shall ban catching of fish using dynamites, explosives and poisons. (8) The Gram Panchayath or lessee shall submit the details of revenue realized, fish seed stocked and fish catch statistics to the taluk level fisheries officer during the first week of every month. (9) The concerned Gram Panchayath shall submit the details of disposal of fishery rights of tanks, revenue realized and employment opportunities guaranteed to the taluk level fisheries officer during the first week of every month. (10) The taluk level fisheries officer shall periodically visit the concerned Gram Panchayats and provide them with suggestions and guidelines to takeup scientific fish culture to increase fish production and revenue. (11) Tanks shall be leased on priority for five years to the beneficiaries identified under special schemes of the Government. (12) The Gram panchayath tanks identified by the Department for specific purposes like seed rearing demonstration of improved fish culture methods shall be handed over to the department of Fisheries for a period notified by the director of fisheries in concurrence with Rural Development and Panchayath Raj Department (RDPR) (13) The RDPR Deaprtment in concurrence with Department of Fisheries shall notify guidelines to manage fisheries development in Gram panchayath tanks from time to time. 21. Allowance for chairman and members of Advisory Board.- (1) Traveling and daily allowances and other fee shall be paid for the chairman and non official23 members of the Karnataka Inland Fisheries Advisory Board and shall be in accordance with Annexure -'A' of the Karnataka Civil Service Rules. (2) The expenditure for the functioning of the Karnataka Inland Fisheries Advisory Board shall be met by the Department of Fisheries under its head of account. (3) The Director of Fisheries shall have full powers to sanction expenditure for functioning of the Board. 22. Appellate Authorities or tribunals.- (1) The lessee shall have the right to appeal to the Appellate authority specified below in the event of injustice or biased decision in disposal of fishery rights of inland water resources. The details of leasing authorities and appellate authorities are as below,- Leasing Authority Appellate Authority (1) The District jurisdictional The Director of Fisheries Deputy Director of Fisheries (2) The Director of Fisheries The Government (2) The applicant for the registration of Fish Breeding or Fish seed rearing Farms or Ornamental Fish Production, rearing and marketing activities or Aquaculture activities in Private Ponds (owned or leased) or fish seed certification shall have the right to appeal to the Director of fisheries (Appellate authority) in the event of injustice or biased decision of the registering authority. (3) The complainant shall appeal to the respective appellate authority within seven days of disposal of application. (4) The appellate authority shall inquire into the complaint and pass suitable orders or decisions on case to case basis by following the principles of natural justice: Provided that, the appellate authority shall not pass such orders without giving an opportunity of being heard to the aggrieved person. (5) The complainant, if not satisfied by the orders or decisions of the appellate authority, shall have the right to approach the Court of Law. 23. Repeal and Savings.-The notifications and Orders issued in this regard are hereby repealed: Provided that the said repeal shall not affect,- (a) the previous operation of the said notifications / orders anything duly done or suffered there under, or (b) affect any right, liability or obligation acquired, accrued or incurred under the said notifications / orders.24 FORM-1 [see clause (c) of rule 5] APPLICATION FORM FOR OBTAINING LEASE OF FISHERIES RIGHTS OF WATER BODIES Application for obtaining fishery rights o f Government Water bodies/ tank, ______________ (Name of the water resource), of ___________ Taluk, _________ District vide Department of Fisheries Notification No. .............. Dated……………….. Details to be furnished by Fisheries Co-operative societies/ Fish Farmers Producers Organization (FFPO). 1 Name of the society and Address 2 Registration No. of the Fisheries Co-operative society ((Attach a copy of Registration Certificate) 3 Bye-law of the Fisheries Cooperative society/FFPO (enclose a copy) 4 Jurisdiction of the Fisheries Co-operative society/FFPO 5 Whether the details of the members of the Executive Committee is enclosed? (Furnish the details of Executive Committee members name, full address age, occupation etc) 6 Furnish the details of water bodies which are earlier leased to the society (among them furnish the details of tanks, area, achkat which is in force for the current year. 7 Furnish audit reports done by the competent authority for any three years of last five years. 8 Furnish the details of dues to Government (Details of share capital and loan). 9 Enclose notarized copy of the Executive Committee meeting proceedings requesting for lease. 10 Details of lease amount and security deposit amount of the water body (DD No. and Date) 11 Submit the last three years profit and loss Statement duly certified by the empanelled auditors 12 Enclose the attested copy of the bank account pass book (transaction upto the date of submission of application) If the above said water bodies leased to our society/FFPO, I / we abide by the terms and conditions mentioned in Schedule–II of Karnataka Inland Fisheries (Conservation Development and Regulation) Rules, 2023 Name of President/Secretary of the Fisheries co-op society/FFPO and Address and Seal25 FORM-2 [see clause (d) of rule 5) NOTIFICATION FOR LEASE OF FIS HING RIGHTS OF WATER BODIES No. Office of the Taluk fisheries officer, ................Taluk,............... District, Dated: NOTIFICATION REGARDING LEASING OF FISHING RIGHTS OF GOVERNMENT WATER BODIES. Applications are invited for fisheries rights of the below listed tanks of ................. Taluk, ............... District from eligible Fisheries Co-operative societies/Fish Farmers Producer Organizations (FFPO) as per Schedule-I for maximum of 5 years from ................ Fisheries fasli year to ............. fisheries fasli year (from date 01/07/___ to 30/06/ ___). LIST OF GOVERNMENT WATER BODIES (TANK / RESERVOIR) Sl. Name of Village Water Lease Security No the / Hobli spread area Amount Deposit Water /Achkat (in Rs) amount (in Rs) body Area (in hectares (ha)) (1) (2) (3) (4) (5) (6) Fisheries Cooperative societies/FFPOs who are willing to take the fishery rights of the above listed water bodies should submit the prescribed application form on or before ___________(Date). The prescribed application form, terms and conditions specified in Schedule-II with format of lease agreement shall be obtained during the office hours. Sd/- Taluk Fisheries officer ...........Taluk26 FORM-3 [See clause (n) of rule 5 and clause (n) of rule 7] CHECK LIST (check list format for submission of proposal for disposal of fishery rights through lease / tender) 1 Name of the Water resource and its full address 2 Water spread area of the (1) Achkut (hectares) resource (2) Water spread area (hectares) 3 Disposal Details of last 5 years Name of Year Method Name of Lease Details of lessee/tenderer and full of lessee amoun remittance disposal and t to Govt. address and method of address disposal (whether through lease or tender) 4 Previous lease order No., Date and period (A copy of lease order to be enclosed) 5 Name and Address of the society seeking leasing rights for the present year 6 Details of the water resource Name of the Village/ Water already obtained for lease or Tank Taluk spread proposed to be obtained on area lease (hactares (ha)) 7 Lease amount + Deposit amount fixed at present (Enclose details about the payment made) 8 Period of lease sought (number of years) 9 Enclose lease notification (paper notification) 10 Enclose Tender notification (paper notification) 11 Enclose newspaper notification of tender27 12 Date on which tender was conducted 13 Details of the participants /society who participated in tender (to be furnished separately) 14 Enclose original tender list 15 Enclose original Istihar of tender 16 Enclose original tender forms 17 Whether lease/tender is in concurrence in the terms and conditions of the Department 18 Recommendation of the Taluk fisheries officer along with opinion Date: Place Signature of Taluk Fisheries officer Recommendation of District fisheries officer Recommendation of Zonal fisheries officer28 FORM-4 [See clause (p) of rule 5) LEASE AGREEMENT UNDERTAKING TO BE FURNISHED BY THE LESSEE FOR OBTAINING THE FISHERY RIGHTS IN THE INLAND WATER BODIES THROUGH LEASE (ON Rs.200/- STAMP PAPER (NOTARISED) I /we . . . .. Fisheries Co-operative Society/Fish farmers Producer Organization (FFPO) give the undertaking Certificate to Taluk fisheries officer, ---- --------------Taluk that today obtained the fishery rights of ---------------- Water body of ------------- Village in the Year ------ in the Month of ----- Dated ------. . I/we . . . . . . . .Fisheries co-operative society/Fish farmers Producer Organization (FFPO) had obtained the fishery rights of ………….. water body of --- ---------------- village from Date.. . . . . . . to . . . . . . .. I/we have paid the lease amount of first year of Rs.---------- along with the security deposit amount of Rs.-- ---------------------, (in the form of Bank Demand Draft No. ------------ Dt. -----------), in total Rs.--------------(Rupees………..only) to Taluk fisheries officer __________Taluk and obtained the receipt for the same. I/Our society/Fish farmers Producer Organization (FFPO) shall abide by the terms and conditions specified under Schedule-II of Karnataka Inland Fisheries (Conservation Development and Regulation)Rules, 2023 of and also such terms and conditions specified by the Government (Department) in future from time to time while taking fish culture activities in the leased ---------------- water body. If I / we violate any of the rules and regulations there will be no objection from us to cancel the order of the fishery rights given to us and to forfeit the security deposit amount paid to the Government. I/We have under stood that after the completion of the lease period, we don’t have any claim of fishery rights in the above said water body. Place: Date: Signature of lessee Name and Designation Address and Seal Witness (1) Name, Signature and Address (2) Name, Signature and Address29 FORM-5 [See clause (d) of rule 7] No. Office of the Taluk fisheries officer ---------------Taluk Dated: e-TENDER NOTIFICATION It is hereby brought to the notice of the public that the fishery right in the following water resources (tank etc) of ..................taluk...............district will be disposed through e-tender from ............fisheries fasli year to -------------- fisheries fasli year (i.e from 01/07/ to 30/06/ ) for a maximum period of five years on below mentioned time and date in this office as per the terms and conditions of the Department of Fisheries. Persons interested to participate in the said e-tender shall submit the application in the prescribed form in e-portal (https://eproc.karnataka.gov.in) within the stipulated date and time. The tenderer shall submit undertaking in prescribed form stating to comply with the terms and conditions enclosed with the e-tender application Details of the water resources proposed for the disposal of fishery right Sl. Name of Name of Water spread Security Minimum Reservation No. the water the Village area / achkut deposit tender resource (in hectares) amount amount (in (in Rupees.) Rupees.) Date of distribution of e-tender Forms : Date ………… Time: …………… (Date and time shall be mentioned) Last date for receiving e-Tenders :Date ………… Time: …………… (Date and time shall be mentioned) Date and time of preliminary meeting of e-Tender:Date….……Time: …………… Technical bid opening :Date ………… Time: …………… (Date and time shall be mentioned) Financial bid opening : Date ………… Time: …………… (Date and time shall be mentioned) For more details visit e-procurement website (https://eproc.karnataka.gov.in) Taluk fisheries officer ----------------Taluk30 FORM-6 [See clause (p) of rule 7) UNDERTAKING TO BE FURNISHED BY THE LESSEE ON OBTAINING THE FISHERY RIGHTS IN THE INLAND WATER BODIES THROUGH e-TENDER (ON Rs.200/- STAMP PAPER (NOTARISED) This undertaking submitted by me-------on this day, to the Taluk fisheries office ………………….Taluk, on obtaining the fishery rights in the --------water resources at ------village--------taluk-------district by quoting the highest amount in the e-tender held on----------------Day----------Month---------year. I have obtained the fishery rights from ----------------to ---------------- of the said waterbody at -------village----------through e-tender. The e-tender amount for the first year i.e. Rs---------and the security deposit to the same i.e Rs.-----------i.e. totally Rs----------is paid to the Taluk fisheries officer and obtained acknowledgement for having paid the same. While carrying on fishing activities in this water resource during the entire lease period, I shall abide by the terms and conditions specified in the Schedule-III of the Karnataka Inland Fisheries (Conservation Development and Regulation) Rules, 2023 and also such terms and conditions specified by the Government / Department in future from time to time. In case of violation of the said terms and conditions, I have no objections for cancellation of the lease order of the fishery rights and to forfeit the security deposit amount which is paid to the Government. Further, we have understood that we do not have any rights of fishing in the said water resource after the expiry of lease period. Place: Date Signature and Name and address of the successful tenderer Telephone No. Witnesses 1. 2. 3.31 FORM-7 [See clause (s) of rule 7) ORDER OF EXEMPTION OF WATER RESOURCE FROM DISPOSAL OF FISHERY RIGHTS The Director of Fisheries Bengaluru is pleased to exempt the below mentioned water resources from disposal for the period from . . . . . . . .to . . . . . . .(fasli year . . . .. . . .. ) under sub-rule (5) of rule 3 of The Karnataka Inland Fisheries (Conservation, Development and Regulation) Rules, 2023. Sl. Details of water Particulars No. resource 1 Name of the tank 2 Water spread area (hactares (ha)) Achkut (hactares (ha)) 3 Location a. Village b. Village panchayath c. Taluk d. District e. Frims ID 4 Reasons for exemption 5 Order No. and Date Director of Fisheries32 FORM-8 [See sub-rule (2) of rule 12) APPLICATION FOR LICENCE Photograph of the To applicant …………………….. …………………….. I request you to grant me licence for fishing in the locality mentioned below. The details are as under: 1 Name of the applicant 2 Name of the companion Address and phone no of 3 applicant Proof of residence (Ration/ 4 Aadhaar /Epic card or other Government Certified proof). Locality where fishing is 5 supposed to be carried out Whether obtained license for 6 fishing in reservoir/river earlier, if so enclose copy 7 Method of fishing for license Demand Draft / GR No. with 8 date towards prescribed licence fee We shall abide by the terms and conditions of the Department. Place Name and Signature of the Applicant Date Name and Signature Signature of the companion33 FORM-9 [See sub-rule (4) of rule 12) LICENCE GRANTED FOR FISHING Licence No. 1 Name of licensee 2 Address of licensee 3 Name of companion 4 Address of companion 5 Locality where fishing permitted Type and size of fishing gears 6 permitted Particulars of Licence fee paid and 7 GR No. and date 8 Date of commencement of licence 9 Date of expiry of licence Place Seal of the (Signature) Date Office Name and Designation Of the Authorized Officer34 FORM-10 [See sub-rule (2) rule 16] APPLICATION FOR REGISTRATION FOR FISH BREEDING / FISH SEED REARING FARM 1 Name of the Applicant ( in capital letters) 2 Address 3 Contact No. (Land line and Mobile ) 4 Place of Fish Breeding Survey No.: Village: Taluk : District : 5 Place of Fish Seed Rearing Survey No.: Village: Taluk : District : 6 Source of water 7 Soil type 8 Gross Area (in acres) 9 Water spread area (in acres) Details of fish breeding Species No. of fish seed to 10 programme be produced /year (spawn). 11 Details of fish seed Species No. of fish seed to rearing programme be reared (spawn or fry)/year. Place Signature of the Applicant Date35 Photograph FORM-11 of the applicant [See sub-rule (3) of rule 16] APPLICATION FOR REGISTRATION OF ORNAMENTAL FISH PRODUCTION OR REARING OR MARKETING UNIT 1. Name of the Applicant and address with Contact No. 2. Activity proposed - 1. Establishment of ornamental fish Select the activities production or rearing unit proposed 2. Establishment of ornamental fish or seed or accessories sales unit 3. Establishment of sales unit for selling aquarium accessories (aquarium fishes, aerators, plants, feed, tanks, pebbles, sand etc.) 3. Details of Infrastructure available for establishment of ornamental fish or seed production or rearing unit 1.Survey No. and area (in acres) 1-a. Location and address 2. Source of water: 1. Bore well 2. River 3. Reservoir 3. No. of ponds and Nos. : Area: area proposed: 4. Ownership of land: Own Lease 5. If leased, enclose the Period of lease: yrs. agreement document: 6. Status of ornamental New Old fish or seed production or rearing unit : 7. Whether Blue print of ornamental fish or Yes / No seed production or rearing unit enclosed ?36 2 8. Varieties of Sl.No Varieties Quantity (thousands / ornamental fish or year) seed proposed for 1 production: 2 3 4 5 Total 9.Strategy for 1. Retail sales at farm: marketing ornamental 2. Wholesale sales to retail outlets: fish or seed produced: 3. Export to other states or countries: 4. Details of Infrastructure available for establishment of ornamental fish sales outlet unit 1.Name and address of the sales outlet 2.Ownership of the 1. Individual 2. Organisation 3. Partnership sales outlet 3.Area of the sales outlet 4.No.of holding tanks Nos.: Holding capacity of fish ( in nos.); available for the sales outlet 5.Activities proposed 1. Sales of ornamental fishes at the sales outlet 2. Aquarium accessories (Aerators, filter, Plants, tanks, food, pebbles, sand, etc.) 3. Preparation and sales of Glass tank or Bowls 5. Details of Registration * 1.Fee applicable (Rs.): fee paid: 2.DD No. and Date: Place Date Signature of the Applicant For office use only 6. Report from the local Fisheries Officer 7. Recommendation of the District Fisheries Officer37 FORM-12 [See sub-rule (4) rule 16] APPLICATION FOR RENEWAL OF REGISTRATION FOR FISH BREEDING OR SEED REARING FARM 1 Name of the applicant 2 Address 3 Contact No. (Land line and Mobile) 4 Original registration No., date (enclosed Xerox copy of registration certificate) 5 Details of fish breeding Survey No. …………………. or seed rearing Village …………………………… Taluk ……………………………. District ……………………………. Details of fish breeding Species No. of fish seed to programme 6 be produced/year (spawn) 7 Details of fish seed Species No. of fish seed to rearing programme be reared / year (spawn or fry) 8 Details of registration / Fee (Rs.): renewal fee paid, etc DD No. Date: Encl: as above Place Signature of the Applicant Date38 FORM-13 [See sub-rule (5) of rule 16] APPLICATION FOR RENEWAL OF REGISTRATION OF ORNAMENTAL FISH PRODUCTION FARM OR MARKETING UNIT 1. Name of the Applicant and address with Contact Nos. 2. Original registration No. and Date (Enclose the Xerox copy) 3. Details of Infrastructure available for establishment of ornamental fish or seed production or rearing unit 1.Survey No. and area (in acres) and location: 2. If leased enclose the Period: yrs. agreement paper: 3. Varieties of Sl.No Varieties Qty. ornamental fish or (thousands) seed proposed for 1 production: 2 3 4 5 Total 4. Strategy for 1. Retail sales at farm: marketing ornamental 2. Wholesale sales to retail outlets: fish or seed produced: 3. Export to other states or countries: 4. Details of Infrastructure available for establishment of ornamental fish sales outlet unit 1.Name and address of the sales outlet 2.Ownership of the 1.Individual 2. Organisation sales outlet 3. Partnership 5. Details of registration * 1.Fee applicable (Rs.): 2.DD No. and renewal fee paid: Date: Place Signature of the Applicant Date39 FORM-14 [See sub-rule (10) of rule 16] REGISTRATION CERTIFICATE FOR FISH BREEDING / FISH SEED REARING FARM Reg. No. Date. 1. Name of the applicant 2. Address 3. Place of fish breeding or fish seed rearing activity. Survey No. …………… Village: ……………………… Hobli: ………………… Taluk: ………………. District : ……………… 4. Details of fish breeding programme Species …………………………………………………………………………………… No. of seed to be produced/year : ……………………………………………………. 5. Details of fish seed rearing programmes: Species …………………………………………………………………………………… No. of seed to be produced/year: ……………………………………………………… 6. Period of Registration*: Place : Date Seal of the office (Signature) Name and Designation of the Registering Authority. Note: 1. Breeding of Fish species other than permission given in this Certificate shall not be allowed. 2. To be renewed after the expiry of registration period.40 FORM-15 [See sub-rule (10) rule 16] REGISTRATION CERTIFICATE FOR ORNAMENTAL FISH PRODUCTION / REARING / MARKETING UNIT Reg. No. Date. 1. Name of the applicant 2. Address 3. Place of ornamental fish or seed production / rearing / marketing Survey No. …………… Village: ……………………… Hobli: ………………… Taluk: ………………. District : ……………… 4. Details of ornamental fish or seed production Programme Species …………………………………………………………………………………… No. of fish or seed to be produced:……………………………………………………. 5. Period of Registration*: Place : Date Seal of the office (Signature) Name and Designation of the Registering Authority. Note: (1) Production of Ornamental Fish species other than permission given in this Certificate is prohibited. (2) To be renewed after the expiry of registration period.41 FORM-16 [see sub-rule (14) of rule 16] BROOD STOCK REGISTER (To be maintained by producer) Date Species Brood stock Mortality or disposal Balance Initials Male Female Male Female Male Female No.* Wt.** No.* Wt.** No.* Wt.** No.* Wt.** No.* Wt.** No.* Wt.** Note: Register to be maintain. *No. : Numbers **Wt : Weight in Kg.42 FORM-17 [see sub-rule (14) of rule 16] FISH BREEDING REGISTER (To be maintained by producer) YEAR: SPECIES: BATCH CODE: Source of Brood Stock: BREEDING DATA Date of Injection (Day 1) : (1) Female or Male Species : (2) Female’s or Male’s year class (es) (3) Number of females or males and individual weights (4) Induction method used (e.g. hormone injection) (5) Number of Females spawned : (6) Number of eggs recovered : (7) Number of eggs stocked in hatchery : (8) Number of Fertilized eggs : Day 5: (1) Number of spawn obtained: (2) Percentage of Hatching: No.of spawn X 100 No. of eggs No. of spawn supplied No. of spawn nursed.43 FORM-18 [see sub-rule (14) of rule 16] FISH SEED REARING AND SUPPLY REGISTER (To be maintained by producer) Date of Species Batch Size Number Details of fish seed supplied stocking or Code (Spawn stocked Date Name Size Quantity Variety or Fry) and (Fry or address Fingerings) of consignee44 FORM-19 [see sub-rule (15) of rule 16] ORNAMENTAL FISH BROOD STOCK REGISTER (To be maintained by producer) Date Species Brood stock Mortality or disposal Balance Initials Male Female Male Female Male Female No.* Wt.** No.* Wt.** No.* Wt.** No.* Wt.** No.* Wt.** No.* Wt.** Note: Register to be maintain. *No. : Numbers **Wt : Weight in Gms.45 FORM-20 [see sub-rule (15) of rule 16] ORNAMENTAL FISH PRODUCTION AND REARING REGISTER (To be maintained by producer) YEAR: (Qty. in thousands) Sl. Species Source Batch Date of Quantity Quantity. No. or of Brood code Production Produced For own Supplied Variety Stock rearing outside46 FORM-21 [see sub-rule (15) of rule 16] ORNAMENTAL FISH SEED REARING AND SUPPLY REGISTER (To be maintained by ornamental fish or seed rearer or retailer) Date of Species Batch Size Details of ornamental fish Procurement or Code (seed seed supplied Variety or fish Date Name and Size Quantity Balance address of consignee47 FORM-22 [see sub-rule (16) of rule 16] MONTHLY REPORT OF FISH SEED PRODUCTION AND SUPPLY 1. Name and address of the Fish Seed :Production or Rearing Farm: 2. Registration No: 3. Year: 4. Month of Report: (Qty. in lakhs) Species Spawn Fish Supply produced Seed Spawn Fry Fingerlings reared Total for the month Total till the previous month Grand Total Date Place Signature Name of the authorized person48 FORM-23 [see sub-rule (17) of rule 16] MONTHLY REPORT OF ORNAMENTAL FISH SEED PRODUCTION AND SUPPLY 1. Name and address of the Ornamental fish or Seed Production Farm: 2. Registration No: 3. Year: 4. Month of Report: (Qty. in thousands) Species or Qty. Qty. Balance Variety reared supplied produced Total for 1. the month 2. 3. 4. Total till 1. the 2. previous 3. month 4. 1. Grand 2. Total 3. 4. Date Place Signature Name of the authorised person49 FORM-24 [see sub-rule (17) of rule 16] MONTHLY REPORT OF ORNAMENTAL FISH (SEED) MARKETING 1. Name and address of the Ornamental fish Marketing Unit: 2. Registration No: 3. Year: 4. Month of Report: (Qty. in thousands) Species or Qty. Qty. Mortality Balance Variety procured sold (Qty.) (Qty.) Total for 1. the 2. month 3. 4. Total till 1. the 2. previous 3. month 4. 1. Grand 2. Total 3. 4. Date Place Signature Name of the authorised person50 FORM-25 [See sub-rule (1) of rule 17] APPLICATION FOR FISH SEED CERTIFICATION To, Taluk Fisheries Officer I request you to grant the fish seed certificate. The details are as under 1 Name and Address of the Applicant 2 Name and Address of the Fish Farm 3 Availability of Fish Seed for Sale or Distribution Batch Species Spawn Fry Fingerlings Code 4 Proposed date/ period of Sale or distribution : Date Place Signature Name of the applicant51 FORM-26 [See sub-rule (1) of rule 17] APPLICATION FOR ORNAMENTAL FISH OR SEED CERTIFICATION To, Taluk Fisheries Officer Requisition for grant of ornamental fish or seed certificate. The details are furnished under 1 Name and Address with phone no. of the Applicant 2 Name and Address of the ornamental fish farm 3 Availability of Fish or Seed for Sale or Distribution (Qty. in thousands) Batch Species or Source of Stock Mode of Code Variety fish or Fish Seed marketing seed 1. 2. 3. 4. 5. 4 Proposed date / period of Sale or distribution : Date Place Signature Name of the applicant52 FORM-27 [See sub-rule (7) of rule 17] GRANT OF FISH SEED CERTIFICATE Certified that I have inspected the …………………………………..….. fish seed production or rearing farm in …………………………….. village ……………………… …………… Taluk, ……………… district and found that the quality of the following fish seed found in the Farm is good and fit for sale or distribution. (Qty in lakhs) Sl. Batch Species Spawn (Qty in Fry (Qty in Fingerlings No. Code lakhs) lakhs) (Qty in lakhs) This is valid for a period from …………………….. to …………………… Place: Date: Signature Name and Designation of the Authorized officer/Deputy Director of Fisheries Seal of Office FORM-28 [See sub-rule (7) of rule 17] GRANT OF ORNAMENTAL FISH OR SEED CERTIFICATE Certified that I have inspected the …………………………………..….. Ornamental fish or seed production farm or marketing in ……………………... village ………………………… Taluk, ……………… district, and found that the quality of the following fish seed found in the Farm is good and fit for sale or distribution. (Quantity in thousands) Sl. Batch Code Species or Stock (Qty.) No. Variety Fish Seed This is valid for a period from …………………………….. to ………………………….. Place: Date: Signature Name and Designation of the Authorized officer/Deputy Director of Fisheries Seal of Office53 FORM-29 [See sub-rule (2) of rule 18] APPLICATION FOR REGISTRATION OF AQUACULTURE POND/FARM 1 Name of the Applicant ( in capital letters) 2 Address 3 Contact No. (Land line/Mobile ) 4 Location of Aquaculture pond Survey No.: Village: Taluk : District : (enclose land record documents) 5 Extent of Land and Pond area Land Area (acres): Proposed Pond area (acres): Average Depth of Pond (meters): 6 Source of water 7 Soil type 8 Details of fish species cultured 9 Details of Financial assistance / own fund (Enclose details separately) 10 Previous experience or training availed in fish farming (enclose details) Place Signature of the Applicant Date54 FORM-30 [See sub-rule (3) of rule 18] APPLICATION FOR RENEWAL OF REGISTRATION OF AQUACULTURE POND/FARM 1 Name of the Applicant ( in capital letters) 2 Address 3 Contact No. (Land line and Mobile ) 4 Original registration number and date (enclose Xerox copy of registration certificate) 5 Details of fish culture during last three years Place Signature of the Applicant Date55 Form-31 [See sub-rule (6) of rule 18] REGISTRATION CERTIFICATE OF AQUACULTURE POND / FARM Registration No.and Date 1. Name of the Applicant 2. Applicant’s Father Name 3. Address with Contact No. 4. Location of Fish culture pond /culture area Survey No : Village Hobli Taluk District 5. Extent of Fish culture pond (in acres) 6. Species permitted for culture 7. Approximate fish production per annum Place: Seal of the Office Date: (Signature) Name and Designation of the Registering Authority with Seal Note:(1) Culture of fish species banned by Government is prohibited. (2) The fish farmer shall submit the progress report regarding fish seed stocked, quantity harvested, expenditure incurred and profit earned every year to the Taluk fisheries officer.56 FORM-32 [See sub-rule (6) of rule 18] RENEWAL OF REGISTRATION CERTIFICATEOF AQUACULTURE POND/FARM Registration No.and Date 1. Name of the Applicant 2. Applicant’s Father Name 3. Address with Contact No. 4. Original registration No. anddate 5. Location of Fish culture pond /culture area Survey No : Village Hobli Taluk District 6. Extent of Fish culture pond (in acres) 7. Species permitted for culture 8. Approximate fish production per annum Place: Seal of the Office Date: (Signature) Name and Designation of the Registering Authority Note:1) Culture of fish species banned by Government is prohibited. 2) The fish farmer shall submit the progress report regarding fish seed stocked, quantity harvested, expenditure incurred and profit earned every year to the taluk fisheries officer.57 FORM-33 [See sub-rule (2) of rule 19] APPLICATION FOR ENROLLMENT OF FISH FARMER / FISH PRODUCER IN SELF OWNED /LEASED PONDS UNDER CONTRACT FARMING. Photograph of the applicant 1. Name of the Applicant 2. Applicant’s Father Name 3. Address 4. Contact No. 5. Land ownership details a)total land area in (hacter (ha)) with survey No.Village name,taluk etc. 6. In case of land obtained on lease,furnish the details along with lease deed 7. Farm area (water spread area in hacter (ha)) 8. Source of water 9. History of pond a) Year of construction b) Availed any subsidy for construction from state / central Govt. c) Details of training availed in fish farming. 10. Approximate annual fish production (in tones) likely to be produced 11. Species to be cultured 12. Details of payment of Amount Rs.500/- registration fee Mode of Payment: Place: Date: Signature of the Applicant58 FORM-34 [See sub-rule (3) of rule 19] CERTIFICATE OF ENROLLMENT OF FISH FARMER / FISH PRODUCER IN SELF OWNED / PONDS FOR CONTRACT FARMING PURPOSE Registration No.and Date 1. Name of the Applicant 2. Applicant’s Father Name 3. Address with Contact No. 4. Location of Fish culture pond /culture area Survey No : Village Hobli Taluk District 5. Extent of Fish culture pond (in hacter (ha)) 6. Species permitted for culture 7. Approximate fish production per annum Place: Seal of the Office Date: (Signature) Name and Designation of the Registering Authority Note: Culture of fish species other than permitted in this certificate is prohibited.59 FORM-35 [See sub-rule (2) of rule 19] APPLICATION FOR ENROLLMENT OF FISH BUYER / INTEGRATOR UNDER CONTRACT FARMING Photo 1. Name of the Applicant 2. Applicant’s Father Name 3. Address 4. Contact No. 5. Since how many years involved in fish marketing /sales? 6. Species of interest 7. Whether marketed locally or outside state? Mention places 8. Details of assistance availed for establishment of fish marketing facilities/transport etc., 9. Existing facilities for fish marketing sales 10. TIN/TAN / GST details of the applicant 11. Details of payment of Amount rupees five hundred registration fee Mode of Payment: Place Date: (Signature of the applicant)60 FORM-36 [See sub-rule (3) of rule 19] ENROLLMENT CERTIFICATE FOR FISH BUYER / INTEGRATOR UNDER CONTRACT FARMING PURPOSE Registration No.and Date 1. Name of the Applicant 2. Applicant’s Father Name 3. Address with Contact No. 4. Species to be marketed 5. Approximate fish quantity likely to be handled /annum (in tones) 6. Places of Marketing Place: Seal of the Office Date: (Signature) Name and Designation of the Registering Authority Note: Sale of fish species other than permitted in this certificate shall not be allowed and he shall not market banned species by the department of Fisheries.61 FORM-37 [See sub-rule (4) of rule 19] AGREEMENT BETWEEN FISH FARMER /PRODUCER AND FISH BUYER /INTEGRATOR UNDER CONTRACT FARMING This agreement is made on the …………….day of……………between sri…………….……..s/o………………..(Referred to as fish farmer) and Sri……………...s/o………….referred to as fish buyer /integrator hereafter. The fish farmer / producer agrees upon: 1. To abide the directions, advices and instructions given by the Department of fisheries with regard to the farming in the water area held by him/her. 2. To sell all fishes of acceptable quality and quantity grown in the farming to the buyer, at the rate fixed between them. 3. To keep a record of fish culture operations, quantity harvested and sold to buyer inclusive of financial transactions. 4. To submit particulars of fish catch regularly to department of fisheries. 5. To follow the technical advices given by the department with regard to fish culture and harvesting of the crops. 6. That he would execute fish culture operation with honesty band sincerity as per the advice of the department and that he would not culture any banned fish species. The fish farmer / producer agrees upon: 1. To provide all necessary inputs required for fish production at suitable time to realize optimum fish production under culture operations. 2. To pay the cash in full on supply of the fish from the farmers as agreed. 3. To buy all fish of acceptable quality grown by the farmer at predetermined rate at the end of each crop. Penalties: (1)If the farmer delivers fish which do not meet the agreed quality standards, the buyer has to reject. The farmer may extended culture period to obtain fish of acceptable size in mutual consultation with the buyer. However, the buyer is under no obligation to accept fish which do not meet the agreed quality standards between them. (2) If the buyer fails to fulfill his financial commitments, the farmer has the right to claim compensation equivalent to the production cost of fish besides62 selling his produce to other merchants or sell by himself. However, the producer shall return back the cost of inputs supplied to him to the buyer /integrator in such cases. Duration of Agreement: (1)This agreement is valid for a period of one year or one crop from the date of signing the agreement. (2) If both parties are satisfied with the outcome of the agreement may be renewed for next one year or one crop. But, there is no obligation on either party to renew the agreement. Settlement of Dispute: Any disputes arising out of this contract farming agreement shall be decided by deputy director of fisheries, the registering authority. The authority shall resolve the dispute within thirty days from the date of occurrence of dispute by giving both the parties a reasonable opportunity of being heard. The party aggrieved by the decision of the registering authority in solving this dispute arised may prefer an appeal to the director of fisheries who is the appellant authority within thirty days from the date of the decision. The director of fisheries shall dispose the appeal within thirty days and the decision of the director of fisheries shall be final in this regard. The fish farmer and the buyer agree that this agreement can be modified in the manner desired by mutual consents subject to the approval of the department of fisheries. Both have read and understood the contents of this agreement and we have signed this agreement on the date mentioned above. (1) Signature of the fish farmer /producer…………………….. (2) Signature of fish buyer/integrator………………………….. (3) Signature of first witness with address……………………… (4) Signature of second witness with address………………….. Signed before me Signature and seal of the Registering authority63 SCHEDULE-I [see clause (b) and (c) of rule 5] Eligibility criteria for leasing of fisheries rights of water bodies The fishermen/fisherwomen co-operative society/Fish farmers Producers Organization (FFPO) shall submit the following documents and meet the eligibility criteria in order get the lease of fishery rights of water bodies,- i. The applicant Fishermen Co-operative Society/ Fish farmers Producers Organization (FFPO) shall be in working condition and shall not be in supersede position and should have conducted Executive Body and General Body meetings as per provisions of the Karnataka Co-operative Societies Act 1959 or any other provisions of Act under which FFPOs are registered. ii. The water body sought on lease shall be in the jurisdiction of applicant Fishermen/Fisherwomen Co-operative Society/ Fish farmers Producers Organization (FFPO). iii. The eligibility criteria and jurisdiction of Fish farmers Producers Organization (FFPO) for the purpose of obtaining lease of fisheries rights of tanks shall be notified by the Government. iv. As per the Karnataka Co-operative Societies Act, 1959 the election should have been conducted and executive body should have been formed by Fisheries Co-operative Society/ Fish farmers Producers Organization (FFPO) any other provisions of Act under which FFPOs are registered. . v. The Co-operative Society/ Fish farmers Producers Organization (FFPO) shall have conducted the elected committee meetings. vi. The society/ FFPO has to submit audited reports of three years out of last five years which is audited by competent authority and should have furnished Compliance Report. vii. If the society/FFPO have taken water bodies on lease previously, the society/FFPO shall be on profit for minimum of two years out of last five years. The profit shown as per the audit report should be indicated in the Cash Book or in deposits. The Co-operative Society/FFPO which is incurring loss continuously is not eligible to get the water bodies on lease. viii. The society/FFPO shall have sufficient amount in its current account for the purchase and stock of fish seed as advised from Department of Fisheries, lease amount of the tank and security deposit. To justify the financial position, the society/FFPO has to submit the attested copy of extract of Bank Pass Book. ix. The society/FFPO has to submit Registration Certificate, Copy of the Bye-law, Executive Body Members list, the fish seed stock details of the water bodies taken on lease previously, fish catch and Profit details. The lease amount and security deposit amount towards the proposed water bodies for obtaining lease are to be submitted. x. The details of loan and share capital etc. to be paid to Government from the society/FFPO is to be furnished. The defaulter society is not eligible to obtain tanks on lease xi. The Society/FFPO has to submit notarized copy of resolution of the executive body for seeking lease of the water resource. xii. The Fisheries Co-operative Society/ Fish farmers Producers Organization (FFPO) should have made all its financial transactions through banks. To64 justify this Society/FFPO shall furnish attested copy of extract of bank pass book. xiii. The Fisheries Co-operative Society/ Fish farmers Producers Organization (FFPO) should not have sub-leased the tank if it had taken the tanks on lease previously. SCHEDULE -II (See clause (o) of rule 5 and clause (f) rule 6) Terms and conditions for leassee of fishery rights of water bodies issued under rule 6 to be adhered by the leassee (i) The lessee shall not transfer or sub lease the fishery rights of the water bodies in any manner. (ii) The lessee shall develop the tank by stocking appropriate number of fish seed as suggested by department of fisheries depending on the productivity and water retention of the water body. (iii) The lessee shall not damage or destroy the physical assets like tank bunds, drainage and sluice gate and box and if they are found doing so action deemed fit shall be initiated. (iv) The lessee shall not use dynamite or explosive or poison or chemicals for catching of fish in the water bodies. (v) The lessee shall engage fishermen members of their own Fisheries Co-operative Societies for harvesting of fish. Wages shall be paid at predetermined/negotiated rates to its members or royalty fishing method may be adopted as decided by the fisheries co- operative society. (vi) The lessee shall submit the bank transactions details of fishing activity every half yearly to the Taluk fisheries officer. The taluk fisheries officer shall verify the details and if found misappropriation or mistakes then four months time with proper notice should be given for rectification of mistakes. Even though the lessee fails to correct his mistakes then action shall be initiated for cancellation of lease of fishery rights of particular tank from the coming fasli year. (vii) The authorised officer (Leasing authority) shall have the powers to cancel the fishery rights of water bodies of lessee in case of violation of terms and conditions of the lease imposed by the Government from time to time. An undertaking to this effect shall also be obtained by the Taluk Fisheries officer on stamp paper of Rs.200/- as prescribed in Form-4 at the time of allotment. (viii) The Fisheries Officers shall have the powers to inspect the records, financial transactions, etc of the Fisheries Co-operative Societies who obtain the fishery rights of water bodies.65 (ix) The Director of Fisheries has powers to cancel the lease and also forfeit the lease and security deposit amount, if the lessee is found stocking or cultivating the prohibited fish species (as notified from time to time) in the tanks and further, such lessee is liable for the penalties as per section 15 of the Act of 1996 and the lessee shall not be eligible to obtain fishery rights of any water resources for a period of ten years from the year of cancellation of lease. (x) Though the lease or tender confirmation of tanks or reservoirs or river stretches is issued in middle of the fasli year i.e., after 1st July, due to administrative reasons the lessee has no claim to extend the lease period beyond fasli year under any circumstances. (xi) Department of the fisheries has the right to take up activities related to research viz., cage culture, extension, demonstration and promotional activities in the leased water bodies. (xii) The leasee shall invariably submit monthly fish production details in the leased water resources to the taluk fisheries officers. (xiii) The leasee should adhere to the modified or additional terms and conditions likely to be imposed by the Government or Department of Fisheries from time to time. (xiv) Lease confirmation is subject to the terms and conditions notified by the Government from time to time. (xv) Leassee or fishermen shall carry with him life saving equipments while fishing. SCHEDULE–III (see clause (n) of rule 7) Terms and conditions for leassee of fishery rights of water bodies issued under rule 7 to be adhered by the tenderer (i) The fishery rights of tanks obtained in tender can neither be transferred nor be sub-leased, if it is done and confirmed with records, the competent authority shall have powers to cancel the lease order forthwith. (ii) The State Government shall have the powers to reject the tender without assigning any reasons and dispose the same by re-tendering. (iii) The tenderer shall not use dynamite or explosives or poison or chemicals for catching of fish in the resources. (iv) The tender or shall intimate the taluk fisheries office for any change of address with valid documents for correspondence. (v) The tenderer shall engage local fishermen or member of local FCS for exploiting fish catch. When local fishermen are not available, the tenderer is allowed to engage other fishermen for exploitation.66 (vi) When any lessee or tenderer procure seed from outside the state is bound to get those seeds inspected and certified by the jurisdictional Fisheries Officer before stocking. (vii) In case the lessee or tenderer found to have procured fish seed for stocking without appropriate certification (Unauthorized fish farms) for stocking in the water body, he is liable to pay a penalty of Rs.2,000/- for the 1st time. If found repeated, double the amount of first penalty shall be collected as penalty. Lease / tender shall be cancelled if the lessee / tenderer repeats the offence for the 3rd time and such lessee/ tenderer shall not be given fishery rights of any tank, for further period of five years from the year of cancellation. (viii) The Department of Fisheries has powers to cancel the tender and also forfeit the tender and security amount, if the tenderer found stocking / cultivating the prohibited fish species (as notified by the Government from time to time) in the tanks and further, such tenderer is liable for the penalties as per section 15 of the Act and the tenderer shall be blacklisted and shall not be eligible to obtain fishery rights of any water resources for a period of ten years. The identity of banned species shall be confirmed by referring the samples to notified institutions or laboratories (through modern technology) before cancellation of the lease. (ix) The tenderer / lessee of water resources shall not damage / destroy the physical assets like tank bunds, drainage system, sluice box and if they are found doing so action shall be initiated. (x) The competent authority shall have the powers to cancel the fishery rights of water bodies of tenderer and forfeit the tender amount/security deposit in case of violation of any of the conditions of the lease in force are found. Further, they shall also abide by the conditions imposed by the Government from time to time. Taluk Fisheries Officer shall obtain undertaking on stamp paper of Rs.200/- as in Form-6 to this effect. (xi) Tenderer or fishermen shall carry with him life saving equipments while fishing. SCHEDULE-IV (see sub-rule (4) of rule 12) Terms and Conditions of License.- The license issued under rule 12 shall be subjected to the following terms and conditions, namely:- (a) Priority shall be given to local fishermen while issuing licenses. A local fisherman is one who possesses proof of residence for last five years and ordinarily resides in and around 5 Km from the shore line of water body. (b) The licence shall not be claimed as a matter of right and shall only be given by the authorized officer subject to conditions specified in these rules. (c) Licence shall not be transferred from one person to another (d) Fishing by licensee during restricted period is completely prohibited. (e) Licence shall not be issued to sports fishermen during restricted period.R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 67 (f) Fishermen shall carryout fishing as indicated in the licence. Fishing using dynamite / explosive or poison or any other chemical is prohibited and in case found doing so, licence shall be cancelled. (g) The licence shall ordinarily be granted to local fisherman on first come first priority basis. (h) Licencee shall invariably release back the juveniles and gravid male and female fishes and tagged fishes into the water. (i) Fish caught in the reservoir by the licencee shall be sold to the local customer in the specified places as specified by the Department and remaining fish shall be transported to the place of marketing. (j) Director of Fisheries shall notify the maximum number of licences to be issued for a particular reservoir or river stretch. (k) Licensee shall furnish monthly details of fish caught in the reservoir / rivers to the concerned taluk Fisheries Officer. (l) The Fisheries Department is not responsible for the loss during environmental disaster. (m) Fishing is prohibited in the declared sanctuaries for conservation of fishes. If licencee is found fishing in those restricted areas the licence shall be cancelled and he will be black listed and licence shall not be issued thereafter. The licencee is also barred from fishing of endangered species like Mahsheer in any water body. (n) Licence issuing officer shall have the power of cancelling the licence (o) Licencee shall not operate in any locality or area other than the specified locality or area mentioned in the licence. (p) Licencee shall not operate any fishing gear other than the gear mentioned in the licence. (q) Licencee shall not operate the fishing gear over and above the length specified in the licence. (r) Licencee shall not use poisonous substance or any such chemicals which affect the ecology of the water body. (s) Licencee shall furnish information on fish catch when called for by the authorized officer. (t) Licencee shall carry with him life saving equipments while fishing. (u) Licencee shall also be responsible for safety in water in which he is carrying out fishing. (v) The licencee shall always possess copy of licence and identification card while fishing in reservoirs and river stretches. By Order and in the name of Governor of Karnataka (K.M. SHUBHASHREE) Under Secretary to Government i/c Animal Husbandry & Fisheries Department (Fisheries) ಮುದ(cid:206)ಕರು (cid:178)ಾಗೂ ಪ(cid:206)(cid:144)ಾಶಕರು:- ಸಂಕಲ(cid:163)ಾ(cid:297)(cid:144)ಾ(cid:312)ಗಳ(cid:133), ಕ(cid:163)ಾ(cid:143)ಟಕ (cid:170)ಾಜ(cid:205)ಪತ(cid:206), ಸ(cid:144)ಾ(cid:143)(cid:312) (cid:144)ೇಂದ(cid:206) ಮುದ(cid:206)(cid:158)ಾಲಯ, (cid:166)ೆಂಗಳ(cid:136)ರು