Fisheries Act, 1897

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                                           THE FISHERIES ACT, 1897 
 
              
 
CONTENTS 
1.  Title and extent 
2.  Act to be read as supplemental to other Fisheries Laws 
3.  Definition 
4. Destruction of fish by explosives in inland waters and on coasts 
5.  Destruction of fish by poising waters 
6.  Protection of fish in selected waters by rules of Provincial Government 
7.  Arrest without warrant for offences under this Act 
 
 
 

 
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THE FISHERIES ACT, 1897 
 
1ACT No. IV OF 1897 
[4th February, 1897] 
 
An Act to provide for certain matters relating to Fisheries in 2[Pakistan]. 
 
 WHEREAS  it  is  expedient  to  provide  for  certain  matters  relating  to  fisheries  in  
2[Pakistan] ; It is hereby enacted as follows:— 
 1. Title and extent.—(1) This Act may be called the 3* Fisheries Act, 1897. 
 
 4[(2) It extends to the whole of Pakistan.] 
 
 5[*                    *                      *                      *                      *                      *           *] 
 
 2. Act to be read as supplemental to other Fisheries Laws.— Subject to the provisions of 
sections 6[4 and 26 of the General Clauses Act, 1887 (I of 1887)], this Act shall be read as 
supplemental to any other enactment7 for the time being in force relating to fisheries in any part 
2[Pakistan] 8[*      *]. 
 
 3. Definitions. In this Act, unless there is anything repugnant in the subject or context,- 
 
 (1) “fish” includes shell-fish: 
 
 (2) “fixed engine” means any net, cage, trap or other contrivance for taking fish, fixed in 
the soil or made stationary in any other way: and 
 
 (3) “private  water”  means  water which is the exclusive  property  of any person  or in 
which any person has for the time being an exclusive  right of fishery whether as owner, 
lessee or in any other capacity. 
 
 Explanation.-Water   shall  not  cease  to  be  “private  water”  within  the  meaning  of  
this definition by reason only that other persons may have by custom a right of fishery therein. 
 
 4. Destruction of fish by explosives in inland waters and on coasts.—(1) If any person 
uses any dynamite or other explosive substance in any water with intent thereby to catch o r 
destroy any of the fish that may be therein, he shall be punishable w ith imprisonment for a 
term which may extend to two months, or with fine which may extend to two hundred rupees. 
 
1For Statement of Objects and Reasons, see Gazette of India, 1893, Pt. V, p. 101 ; for Report of the Select Committee, see ibid., 1897, Pt. V, 
,p. 15 ; and for Proceedings in Council, see ibid., 1893, Pt. VI, p. 207, ibid., 1896, p. 250, and ibid., 1897, p. 21. 
This Act has been declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913), s. 3 and Sch. I. 
It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of 
Baluchistan, see Gazette ofIndia, 1937, Pt. I, p.1499. 
It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modifications ; and 
also extended to the Excluded Area of Upper Tanawal other than Phu!era with effect from such date and 'subject to such 
modifications as may be notified, see N.W.F.P. (Upper Tallawal) (Excluded Area) Laws Regulation, 1950. 
It has been amended in its application to the Federal Capital by Ord. 32 of 1959, s.2. 
This Act has been amended to the extent of Islamabad Capital Territory, see Ord. No. 27 of 1981, s. 5 and 4th Sch. 
2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October,  1955), for 
“the Provinces and the Capital of the Federation” which had been subs. by AO., 1949, Arts. 3(2) and 4, for “British India”. 
3The word “Indian” rep. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 3 and Sch. II. 
4Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the original sub-section (2), as amended by the 
Repealing and Amending Act, 1914) (10 of 1914), A.O., 1937 and A. 0., 1949. 
5Sub-section (3), rep. by Act, 10 of 1914, s. 3 and Sch. II. 
6Subs. by Ord. XXVII of 1981, s. 5 and Sch. IV. (Only to the extent of ICT).  
7For law relating to Fisheries in- 
(1) Punjab, see the Punjab Fisheries Act, 1914 (Punjab 2 of 1914). 
8The words “except Burma” rep. by A.O., 1937.
 
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 (2) In sub-section (1) the word “water” includes the sea within a dis tance of one marine 
league of the sea-coast: and an offence committed under that sub-section in such sea may be tried, 
punished and in all respects dealt with as if it had been committed on the land abutting on such 
coast. 
 
 5. Destruction of fish by poising waters.—(1) If any person puts any poison, lime or 
noxious material into any water with intent thereby to catch or destroy any fish, he shall be 
punishable with imprisonment  for a term which may extend to two months, or with fine 
which may extend to two hundred rupees. 
 
 (2) The l[Provincial Government] may, by notification in the official Gazette, suspend the 
operation of this section in any specified area, and may in like manner modify or cancel any such 
notification. 
 
 6.  Protection  of  fish  in  selected  waters  by  rules  of  Provincial  Government .—(1)  
The 1[Provincial Government] may make rules 2 for the purposes hereinafter  in this section 
mentioned, and may by notification in the official Gazette apply all or any of such rules to such 
waters, not being private waters, as the 1[Provincial Government]  may specify in the said 
notification. 
 (2) The 1[Provincial Government]  may also, by a like notification, apply such rules or 
any of them to any private water with the consent in writing of the owner thereof and of all persons 
having for the time being any exclusive right of fishery therein. 
 
 (3)      Such rules may prohibit or regulate all or any of the following matters, that is to 
say— 
(a)  the erection and use of fixed engines; 
 
(b)  the construction of weirs; and 
 
(c)  the dimension and kind of the nets to be used and the modes of using them. 
 
 (4) Such rules may also prohibit all fishing in any specified water for a period not 
exceeding two years. 
 
 3(5) In making any rule under this section the 1[Provincial Government] may— 
 
(a)  direct that a breach of it shall be punishable with fine which may extend to one 
hundred rupees, and, when the breach is a continuing breach, with a further 
fine which may extend to ten rupees for every day after the date of the first 
conviction during which the breach is proved to have been persisted in; and 
 
(b)  provide for— 
 
(i)  the seizure, forefeiture and removal of fixed engines, erected, or used, 
 or nets used, in contravention of the rule, and 
 
(ii)  the forfeiture of any fish taken by means of any such fixed engine or 
 net. 
 
1Subs. by A. O., 1937, for “L. G.”. 
2For rules under s. 6, see different local Rules and Orders, and for Karachi see Gaz. of P. 1952, Pt. VI, p. 17. 
3For the amendment of sub-section (5) in its application to the Federal Capital, see the Fisheries Act (Amdt.) Ordinance, 1959, (32 of 1959), s. 2. 
 
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 (6) The power to make rules under this section is subject to the condition that they shall be 
made after previous publication. 
 
 7. Arrest without warrant for offences under this Act.—(1) Any police-officer, or other 
person specially empowered by the 1[provincial Government] in this  behalf, either by name or as 
holding any office, for the time being, may, without an order from a Magistrate and without 
warrant, arrest any person committing in his view any offence punishable under section 4 or 5 or 
under any rule under section 6 
 
(a)  if the name and address of the person are unknown to him, and 
 
(b)  if the person declines to give his name and address, or if there is reason to 
doubt the accuracy of the name and address if given. 
 
 (2) A person arrested under this section may be detained until his name and address have 
been correctly ascertained: 
 
 Provided that no person so arrested shall be detained longer than may be necessary for 
bringing him before a Magistrate, except under the order of a 2[Judicial Magistrate] for his detention. 
 
 
 
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Date: 05-09-2024 
1Subs. by A.O., 1937. for “L.G.”. 
2Subs. by and, XXVII of 1981, s. 5, Sch 4, only extent to ICT.