Regulation of Fresh Water Aquaculture in AP
FISHERIES Department – Regulation of fresh water aquaculture
– Amendment to G.O.Ms.No.7, dated 16.03.2013
ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES
(FISH.II) DEPARTMENT
G.O.Ms.No. 8 Dated:25-03-2013
Read the following:
1. G.O. Ms. No.18, AH,DD&F(FII)Dept., Dated.
03-04-2012.
2. GO. Ms. No.7, AH,DD&F(FII)Dept., Dated.
16-03-2013.
3. From the Commissioner of Fisheries, A.P. Hyderabad,
Lr. No. 4588/P2/2010, dated. 18-03-2013.
* * *
ORDER:
In the circumstances reported by the Commissioner of
Fisheries in the reference 3rd read above, the following amendment is issued to
the reference 2nd (second)read above:
AMENDMENT
For the existing para-4 of the G.O 2nd read above, the
following shall be substituted:
“4. The Commissioner of Fisheries has sent comprehensive
proposal vide reference 18th cited. The Government after careful examination of
the proposal of the Commissioner of Fisheries and in supersession of the orders
issued in the G.Os vide references 8, 9, 10, 11, 12 and 13 read above, hereby issue
the following comprehensive and consolidated instructions and
guidelines to consider the cases for regularization of
existing un-registered fresh water aqua-culture farms and also for registering
new fresh water aqua-culture farms.”
[Explanation: With this amendment, G.O.Ms.No.7, Animal
Husbandry, Dairy
Development and Fisheries (FII)Department Dt.16.03.2013
supersede
GO.Ms.No.83(12-09-2007), GO.Ms.No.24(09.04.2010),
GO.Ms.No.47
(24.06.2010), GO.Ms.No.67(17-09-2011),
GO.Ms.No.79(01-11-2011) and
GO.Ms.No.18(03-04-2012)of AH,DD&F Dept.]
(BY
ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
MANMOHAN
SINGH
PRINCIPAL SECRETARY TO
GOVERNMENT
----------------------------------------------------------------
FISHERIES – Fresh Water Aquaculture Regularization – Application form, Check list
and Proporma for issuing Certificate
for registration of fresh water aquaculture -
Approval - Orders - Issued.
ANIMAL HUSBANDRY, DAIRY DEVELOPMENT &
FISHERIES (F.II) DEPARTMENT
G.O.Ms.No. 18. Dated:03.04.2012.
Read the following:-
1 G.O.Ms.No.24, AHDD&F (F.II)
Dept., dated. 09.4.2011.
2. G.O.Ms.No.67, AHDD&F (F.II)
Dept., dated.12.9.2011.
3. G.O.Ms.No.79, AHDD&F (F.II)
Dept., dated.01.11.2011.
4. From the Commissioner of
Fisheries, Hyd. Lr.No.4588/P2/2010,dated.08.12.2011.
***
ORDER:
In the circumstances reported by the
Commissioner of Fisheries, Hyderabad in
his letter 4th
read
above, Government after careful examination of the matter, hereby
approve the Application form, Check
list and Proforma for issuing Certificate for
registration of fresh water
aquaculture as prepared by the Commissioner of Fisheries,
Hyderabad keeping in view of the
orders issued in G.O.second read above. The
approved Application form, Check
list and Proforma for issuing Certificate is appended
to this order.
2. The Commissioner of Fisheries,
Hyderabad shall process the applications for
registration of fresh water
aquaculture on the lines of registration of Coastal Aquaculture
by CAA, where, the applications are
subjected to field inspection and scrutiny of District
Level Committee followed by scrutiny
of the State Level Committee, before issuing the
registration of certificate.
3. The Commissioner of Fisheries, Hyderabad,
shall take necessary action in the
matter accordingly.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA
PRADESH)
S.BHALE RAO
SPECIAL CHIEF SECRETARY TO GOVERNMENT
Application for Registration of Fresh Water Aquaculture
------------------------------------------------------------------------------------------------------------
1 Name of the applicant /registered
Company/Establishment in BLOCK
LETTERS with permanent address)
------------------------------------------------------------------------------------------------------------
2 Address for communication (in
BLOCK LETTERS)
-------------------------------------------------------------------------------------------------------------
3 Whether the applicant form is for
--------------------------------------------------------------------------------------------------------------
a) Registration of new aquaculture
farm already operating
Yes/No
----------------------------------------------------------------------------------------------------------------
b) Registration of new aquaculture
farm construction.
Yes/No
-----------------------------------------------------------------------------------------------------------
4 Details of land for which registration is
applied for
--------------------------------------------------------------------------------------------------------
a) District
b) Mandal
c) Revenue Village
d) Survey
e) Ownership right
(whether free hold or lease)
f) if, lease hold specify the period
of lease
g) Total farm area
h) Water spread area
-------------------------------------------------------------------------------------------------------
5 Boundaries of the farm (North, South,
East, West)
-------------------------------------------------------------------------------------------------------
6 Category of the land
-------------------------------------------------------------------------------------------------------
a)Waste land
b)Low productive agricultural land
c)Prone to inundation
d) Low lying area
e)Water logging area
f)Agriculture land
----------------------------------------------------------------------------------------------------------
7 Water source for the aquaculture unit
a) Irrigation canal
b) Irrigation drain
c) Other source (except bore well)
-----------------------------------------------------------------------------------------------------------
8 Date of commencement of farm in
case of existing farm
-----------------------------------------------------------------------------------------------------------
9 Usage of bore water to supplement the
evaporation
a) Permission under WALTA Act.2002
b) Depth of bore well
c) Diameter of the bore well
d) Yield/ hour
e) Capacity of the motor
---------------------------------------------------------------------------------------------------------------
10 Whether seepage channel is provided
-------------------------------------------------------------------------------------------------------------
11 Distance from the
a) agricultural land
b) human settlement
c) drinking waster source
d) temple
e) burial ground
f) road margin
------------------------------------------------------------------------------------------------------------
12 Culture aspects
a) species of fish / prawn
b) type of culture
c) stocking densities
d) feeding pattern
e) duration of crop
f) No of crops
--------------------------------------------------------------------------------------------------------------
13 Land conversion fee paid in case of
Agriculture Land (conversion for non
agriculture purpose) Act.2006)
a) Total area of the farm
b) Water spread area of the farm
c) Present market rate of the land
d) 10% of the basic vale of the
land (Water spread area) paid
----------------------------------------------------------------------------------------------------------------
14 Other details if any
----------------------------------------------------------------------------------------------------------------
15 Processing fee details
----------------------------------------------------------------------------------------------------------------
Declaration
by the Applicant
I/We………………………………….. son/ Daughter
/Wife of ………………………
……………………………. Residing at ……………………………………………….
Hereby declare that the information
furnished above is true to the best of my/our
and behalf. I/We are fully aware
that if it is found that the information furnished
in the application is false or
there is any kind of deviation / violation of the
conditions provided under
guidelines / Act of fresh water aquaculture, any action
as deemed fit for violation of this
condition may be taken against me/us.
Signature of the Applicant
Date
Check List
(To be
attached to the Application)
1. Copy of the land title deed in
the name of the applicant (s) is attached
2. In case of lease land the lease
deed as per the procedure for a period of five
years is enclosed
3. In case of agriculture land a copy
of the permission letter from the
competent authority for conversion
of land into non agriculture purpose is
enclosed.
4. If bore water is used for
supplementing the evaporation losses of water in
the aqua farm, a copy of the
permission letter from the competent authority
under WALTA Act, 2002 is enclosed.
5. No objections are received from
the adjacent farmers against the proposed
unit/existing unit
6. Layout plan of the aqua farm
along with details mentioned in the
application farm at column No.5
& 11.
7. Demand draft towards processing
fee in favour of district Fisheries Officers
is enclosed.
Counter Signature
District Fisheries Officer
GOVERNMENT OF
ANDHRA PRADESH
FISHERIES
DEPARTMENT
CERTIFICATE OF REGISTRATION OF
FRESH WATER AQUACULTURE
Vide G.O.Ms.No.24, AH,DD &
Fisheries (Fish.II) Department, Dated 9.4.2010 read
with G.O.Ms.No.67, AH,DD &
Fisheries (Fish.II) Department, Dated 12.09.2011.
Reg No.
Date
The fresh water aquaculture farm of Shri/Smt/M/s……………………………………….
Son / Daughter / Wife of …………………………………. Residing at
………………………….is registered by the Fisheries Department
subject to the rules
and regulations mentioned in the above mentioned G.Os for
period of 3years with
effect from……………to ……………….
DETAILS OF THE UN IT AND TECHNOLOGY
TO BE FOLLOWED
1.
Location of
the Farm
DISTRICT MANDAL REVENUE VILLAGE
2. Survey Numbers
3. Area of the farm in Ha
4. total farm area
5. total water spread to be
cultured
6. Species to be cultured Fresh
water fish/Fresh water Prawn
7. Stocking density
8. No of crops per year
Place
Signature of the authorized
officer
Date
(Seal
of the Authority)
CONDITIONS FOR THE FOR REGISTRATION
OF FRESH WATER AQUACULTURE FARM
1. This certificate of registration
is granted subject to provisions to the G.O.Ms.24
dated 9.4.2010 read with
G.O.Ms.No.67 dated 12.9.2011 and if any other orders
issued by the Government relating
to the fresh water aquaculture from time to
time.
2. This certificate of registration
is not transferable
Any change in the layout, design,
area and stocking or other matter should be got
approved by the competent
authority.
3. The owner of the fresh water
aquaculture farm shall comply with such
instructions / conditions as may be
from time to time.
4. The fresh water aquaculture
farmer shall adopt eco-friendly, and sustainable
aquaculture practices
5. The Government / authorized
authority may cancel the certificate of
registration in case any violation
of the guidelines as prescribed in the Government
orders / instructions of the State
or Central Governments with penal action against
the farmer.
------------------------------------------------------------
FISHERIES
Department – Regulation of Fresh Water Aquaculture in the State - Consolidated
orders- Issued.
ANIMAL
HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES (FISH.II) DEPARTMENT
G.O.Ms.No. 7
Dated:16-03-2013 Read the
following:
1)
The
Coastal Aquaculture Authority Act,2005
2)
Judgment
dated 11-12-1996 of the Hon’ble Supreme Court of India in the case of S Jagannath vs Union of India
3)
Judgment
dated 26-07-2001 of the Hon’ble High Court of A.P. in the case of M Padma
Rambabu vs The Dist Forest office Kakinada
4)
Judgment
dated 29-04-2011 of the Hon’ble High Court of A.P. in the case of Pulavarthy
Ankaraju and others vs The Spl Chief
Secretary, AH,DD & Fisheries, Government of AP, Hyderabad
5)
The
AP Agricultural Land (Conversion for non agricultural purposes)Act,2006
6)
The
AP Water Tax Act,1988
7)
The
AP Water, Land and Trees Act,2002
8)
G.O.Ms
No.83 AHDD&F Dept. dt.12-9-2007
9)
G.O.Ms
No.24 AHDD&F Dept. dt.9-4-2010
10)
G.O.Ms
No.47 AHDD&F Dept. dt.24-6-2010
11)
G.O.Ms
No.67 AHDD&F Dept. dt.12-9-2011
12)
G.O.Ms
No.79 AHDD&F Dept. dt.1-11-2011
13)
G.O.Ms
No.18 AHDD&F Dept. dt.3-4-2012
14)
The
AP Gazette Notification of Act No.16 of 2012 dt.14-5-2012
15)
G.O.Ms.No.62,
Law Dept., dated 14-5-2012
16)
Minutes
of the meeting of the Hon’ble Minister for AHDD&F, VU and Hon’ble Minister
for Tourism& Culture dt. 13-6-2012 and 8-10-2012
17)
From
the Commissioner of Fisheries, Hyderabad ,
Letter No.4588/P2/2010, dt 22-6-2012
18)
From
the Commissioner of Fisheries, Hyderabad ,
Letter. No. 4588/P2/2010, Dt. 02-11-2012
ORDER:
In the G.O. 8th read above, orders were issued constituting a
District Level Committee (DLC) with the District Collector as the Chairman of
the Committee for regularizing the existing fresh water aquaculture ponds and
for registering new fresh water aquaculture ponds and the guidelines to be
followed by the District Level Committee in view of the policy of the
Government that fresh water aquaculture should not cause any detriment to the
ecology and environment and also that
aquaculture activities have to be regulated to protect the livelihood of
various sections of people.
2. In the meantime the Government of Andhra Pradesh has taken a
decision to exempt lands converted to aquaculture from payment of NALA
(Non-Agricultural Land Assessment) Tax vide the notification 14th
cited.
3. The Government have conducted series of
meetings for hearing the grievances of the aqua farmers. During the meetings, suggestions were made to
streamline the implementation of the guidelines for granting permissions for
fresh water aquaculture and their renewal
4. The Commissioner of Fisheries has sent
comprehensive proposal vide reference 18th cited. The Government
after careful examination of the proposal of the Commissioner of Fisheries and
in supercession of the orders issued in the G.Os., vide references 8, 9, 10, 11 and 12 read above, hereby issue the following
comprehensive and consolidated instructions and guidelines to consider the
cases for regularization of existing unregistered fresh water aquaculture farms
and also for registering new fresh water aquaculture farms:-
1. No
person shall carry on fresh water aquaculture without registration in
accordance with this order.
2. The District
Level Committee shall be the Competent Authority to permit fresh water
aquaculture by registration.
3.
The District Level Committee shall consist of the following members to consider
the applications in accordance with this order:-
Sl.No.
|
Composition of the District Level
Committee
|
Status
|
1
|
District
Collector
|
Chairperson
|
2
|
Executive
Engineer, Irrigation Department
|
Member
|
3
|
Environmental
Engineer, Pollution Control Board
|
Member
|
4
|
Deputy
Director, Ground Water Department
|
Member
|
5
|
Joint
Director of Agriculture
|
Member
|
6
|
District
Fisheries Officer
|
Member
Convener
|
7
|
Eminent
Aqua Farmer
|
Member
|
8
|
Eminent
Agriculture Farmer
|
Member
|
9
|
Eminent
Environmentalist
|
Member
|
4.
The Government shall nominate the members at Sl.No.7, 8 and 9 of the District
Level Committee from time to time. Separate orders will be issued in this
regard. Their
tenure shall be 3 years.
5. The Member-Convener
may invite the District Forest Officer for the District
Level Committee meetings whenever forest
lands are involved.
6. There will be no State Level
Committee.
7.
The DLC shall follow the following procedure:-
7.1 The applicant
shall have a clear title of land in his name or shall be a lease holder of the
land for a minimum period of five years.
7.2 Fertile
agriculture lands shall not be permitted for conversion into fresh water
aquaculture ponds except in cases where agriculture lands are less productive,
fallow, low lying, prone to water logging, etc.
7.3 Salt pan lands,
mangroves, wet lands, forest lands, casuarina plantations, grazing grounds for
cattle, lands meant for village common purposes, lands meant for public purposes,
ecologically sensitive areas like national parks, sanctuaries, marine parks,
etc. shall not be used or converted for fresh water aquaculture.
7.4 Fresh water
aquaculture is permissible by using water from irrigation canals, drainage
channels (notified or non-notified), field channels, etc. which are not in the
prohibited list of the Irrigation Department, by paying Water Cess as per the
Andhra Pradesh Water Tax Act,1988.
7.5
The fresh water aquaculture farms should not obstruct
natural drainage canals/ flood drains and cause flooding of
low lying areas and villages.
natural drainage canals/ flood drains and cause flooding of
low lying areas and villages.
7.6 While using
common property resources like creeks, canals, etc. the traditional rights of
the local communities should not be adversely affected.
7.7 Dykes or dams should not be constructed over
common property resources like creeks, canals, etc. to the detriment of the
interests of local communities or farmers.
7.8 Fresh water aquaculture farms should be
located at least 10 meters from the nearest village(s)/ hamlet(s).
7.9 Fresh water aquaculture farms should maintain
a minimum distance of at least 10 meters from the nearest drinking water
source.
7.10 Fresh water aquaculture farms should maintain
a minimum distance of at least 10 meters from burial grounds and places of
worship.
7.11
There shall be a minimum distance of 3 meters
between the fresh water aquaculture farm and the road
margins.
between the fresh water aquaculture farm and the road
margins.
7.12 There shall be
a minimum distance of 3 meters between the fresh water aquaculture farm and
neighboring agricultural lands.
7.13 Salinization
of lands and drinking water table, etc. should be avoided by providing suitable
buffer zones between agricultural lands, villages and aquaculture farms.
7.14 To prevent the aquaculture farm from causing
seepage problems to neighboring agricultural lands,
the owner or lessee of the aquaculture farm should construct and maintain a
seepage channel between the fresh water aquaculture farm and the neighboring agricultural lands. Such a seepage channel can be created in the
prescribed 3 meter gap between the farm and
the neighboring agricultural lands.
7.15 To prevent groundwater depletion, no fresh
water aquaculture farm shall be permitted to use water drawn from bore wells
except for supplementing the losses from evaporation, seepage, etc.
7.16
Direct pumping of water from canals, rivers and
reservoirs is not allowed. Indirect and harmless methods may
be used.
reservoirs is not allowed. Indirect and harmless methods may
be used.
7.17 The fresh water aquaculture farms shall
follow the requirements of the Andhra Pradesh Water, Land and Trees Act, 2002,
the Andhra Pradesh Water Tax Act, 1988, Water (Prevention & Control of
Pollution) Act, 1974, the Wetlands Conservation Rules, etc. to prevent
contamination or pollution of drinking water aquifers, etc. by seepage,
percolation or otherwise.
7.18
The water spread area of a fresh water aquaculture farm shall not exceed 80
percent of the total area of the farm.
7.19 The farm shall
ensure that the effluent quality at discharge point conforms to the specific
standards prescribed by the Andhra Pradesh Pollution Control Board. The discharge of affluent shall meet the
Surface Irrigation Standards as there is every possibility of using the same
waste water let out into the drain for irrigation purpose in the downstream.
7.20 All laws to
protect the environment and ecology such as the Andhra Pradesh Water, Land and
Trees Act, 2002, The Water (Prevention & Control of Pollution) Act, the
Environment (Protection) Act, 1986, Wetlands Conservation Rules, etc. shall be followed.
7.21
The certificate of registration issued by the District Level Committee is to be
exhibited in the premises of the farm and produced for checking whenever
demanded by an Inspecting Officer.
7.22 The Certificate of Registration is not
transferable. After registration and also at any stage during the process of
registration, if the land is sold to another, the registration or process of
registration shall cease. If the buyer
is interested in aquaculture he shall apply afresh for registration. In case of
leased lands, if the lease expires during the term of registration, the
registration shall lapse. Lapse of
registration can be avoided only by extension of lease. But in case a lease
expires, the new lessee, if he is interested in aquaculture, shall apply afresh
for registration.
7.23 During the period of registration:-
(a)
The farmer should not make major and / or fundamental changes in layout,
design, etc. unless prior approval of
the District Level Committee is obtained.
(b)
The farmer is permitted to carry out repairs, maintenance works and also
any minor changes or adjustments required in view of changes in farming
practices, introduction of new species, etc. without altering the fundamental
design.
(c)
Any addition of culture area to the existing registered farm area shall
be treated as a new pond and the farmer has to apply afresh for the
registration of this new area separately. However, reduction of culture area or
capacity does not need any separate approval.
7.24 Environmental friendly and sustainable
aquaculture management practices should be adopted.
7.25
All indigenous culturable species, unless prohibited by the Government can be
cultured. Exotic species can be cultured only after obtaining relevant
permissions from Competent Authorities.
7.26 The
stocking densities for all species of aquaculture shall be in accordance with
the norms indicated by the Government from to time.
7.27
Antibiotics and other pharmacologically active substances which are banned by
Government of India and published in Gazette Notifications from time to time
shall not be used for aquaculture.
7.28 Record of
inputs used in the farm like seed, feed, chemicals,
probiotics, medicines, etc. and harvest details, production details, name and
address of the buyer of produce, etc. should be maintained and reported
to the District Fisheries Officer concerned.
7.29 Objections of the neighboring agriculture
lands/adjacent land holders shall be called for by publishing a notice of 15
days in the Notice Board of the District Fisheries Officer and then any
objections received will be considered and disposed off by the District Level
Committee before registration.
7.30 Any complaints
received by the District Collector or the District Level Committee members
regarding violations of the guidelines issued in this order shall be enquired
into and disposed off by the District Level Committee subject to the control of
the District Collector from time to time as per the procedure prescribed in the
annexed guidelines.
7.31 A web based
software application shall be developed for processing the applications for
registration of aquaculture farms and the entire process shall be transacted
online in future. A suitable database shall be maintained for this purpose. The
responsibility for this activity shall vest with the Office of the Commissioner
of Fisheries.
5. This order covers both aquaculture farms
and hatcheries and wherever the word ‘farm’ or ‘pond’ used the same shall apply
to hatcheries also.
6. The Commissioner of Fisheries, Hyderabad and the
District Collectors concerned shall take all necessary actions accordingly.
(BY ORDER AND IN THE NAME OF THE
GOVERNOR OF ANDHRA PRADESH)
MANMOHAN SINGH
PRINCIPAL
SECRETARY TO GOVERNMENT
Annexure
I to
GO Ms No. 7---
Guidelines
A. REGISTRATION
(1)
Fresh water aquaculture activities can be carried on only after registration by
the District Level Committee.
(2)
Fully or partly excavated / constructed aquaculture ponds and installations,
whether or not carrying out aquaculture operations, whether abandoned or
active, which are existing on or before the date on which this Government Order
is issued are considered to be ‘existing’ aquaculture farms. ‘New’ aquaculture
farms are those which are not ‘existing’ aquaculture farms.
(3)
All existing unregistered aquaculture farms which have not applied for
regularization so far shall apply to the District Level Committee (DLC) through
the District Fisheries Officer on or before three months from the date on which
this Government Order is issued. Application shall be made in the prescribed
form (Annexure II) and the applicant shall pay a processing fee of Rs. 200/-
per acre and penalty of Rs. 500/- per acre (if applicable).
(4) All the
persons who wish to start new fresh water aquaculture farms shall apply to the
District Level Committee through the District Fisheries Officer(DFO) and pay a
processing fee of Rs.200/- per acre. In respect of applications for setting up
new aquaculture farms the DLC will scrutinize the applications as per the
guidelines issued in this order and place them before the DLC. The concerned
officers of the DLC shall check documents and inspect in order to ensure
compliance to the procedure prescribed under para 7 of the G.O specifically
clauses (1) to (12) and if satisfied recommend to the District Collector for
issuing a provisional registration. After approval by the District Collector a
provisional registration is given whereupon the activity of excavation
/construction /installation is permitted to be started. Subsequently, after completion of
excavation/construction /installation the applicant shall apply again for final
registration. The District Fisheries Officer will place them before the
District Level Committee. The concerned officers of the DLC shall check
documents and inspect in order to ensure compliance to the procedure prescribed
under para 7 of the G.O specifically clauses (13) to (20). The final registration will be issued by the
DLC only on satisfactory compliance with all the guidelines given in this
order. Upon obtaining final registration the new farm can commence and carry on
aquaculture activities.
In cases
considered to be unfit for approval for provisional registration or final
registration by the District Collector the applications will be rejected
outright or alternatively a Modification Order will be issued by the District
Collector specifying the modifications to be carried out in the farm and the
time limits within which such modifications shall be carried out. After the
time given in the Modification Order lapses the concerned DLC Officers will
inspect and report to the District Collector about the modifications based on
which the District Collector will either give approval or rejection.
(5) The District Fisheries Officer of the concerned District
shall receive the applications from the existing unregistered fresh water
aquaculture farms and scrutinize the applications with reference to the
guidelines and place them before the District Level Committee (DLC). The
District Level Committee after considering all aspects and arranging for
inspections if needed shall place the applications before the District Collector & Chairman,
District Level Committee, along with its recommendations for rejection or
modification or approval, stating the reasons for approval or modification or
rejection. The Chairman, District Level
Committee, may approve them or order modifications or reject them stating the
reasons for approval or modification or rejection.
In respect of
modifications ordered, the instructions relating to modifications in Para 4 above shall be followed.
P.T.O
(6) Those existing fresh water
aquaculture farms which have already been registered need not apply for
registration again. However, they have to file a Compliance Form (Annexure IV)
with the District Fisheries Officer. The District Fisheries Officer will
organize a compliance check by the District Level Committee after which in some
cases the District Collector will issue a Modification Order (Annexure VI)
directing that some modifications are to be carried out within specific time
limits failing which his registration is liable to be cancelled.
In case the DLC finds that the farm has
already complied with all the requirements the DLC will report to the Collector
and the Collector issues a Compliance Note and the existing registration
certificate continues to be valid and no fresh registration certificate needs to
be given to the farm.
(7) The DLC may arrange for
inspections by dividing themselves into individuals or teams and by
distributing the workload or by deploying other or additional Officers
from the District or from other Districts and Offices as a special drive as
organized by the District Collector.
This is especially desirable in districts with large incidence of fresh water
aquaculture like West Godavari District and Krishna District.
(8) After the
approval of the Collector & Chairman, District Level Committee, the
certificates of registration will be issued in the prescribed form
(Annexure-VII annexed to this GO) to the existing or new farms after which
aquaculture activities can be commenced and carried on.
(9) The
registration issued by the DLC
(a) shall be valid for a period of five years;
(b) may be renewed from time to time for a like
period; and
(c ) shall be subject to the conditions mentioned
therein.
(10) The
applications which are not in accordance with the guidelines issued in
this order shall be rejected by the District Level Committee.
(11) The
applications which are already pending before the issue of this order will also
be dealt with in accordance with this order.
(12) The District Collector may organize periodic
inspections of fresh water aquaculture farms to protect the ecology, environment and the livelihood of various sections
of people. He may also organize inspections suo
motu whenever he feels that they are required and also in the context of a complaint at his
option.
B. RENEWAL
(1)
A person who intends to renew the registration of an aquaculture farm
may apply to the DLC through the District Fisheries Officer concerned, in the
prescribed form (Form-D annexed to this GO) at least two months before the
expiry of such registration and shall pay a processing fee of Rs 200/- per
acre.
(2)
The District Fisheries Officer shall receive the application for renewal
and go through the same process of registration in accordance with this order
and after approval by the District Collector renew the registration by making
an entry with seal on the registration certificate.
(3)
Renewal may be rejected for failure to utilize the farm for aquaculture
purposes and / or for violation of the conditions of registration and/ or the
rules made in this Government Order and
/ or relevant Government Orders issued from time to time in this regard. The applicant shall be given an opportunity
of being heard and his points shall be considered before rejecting. In case of rejection the grounds for
rejection shall be stated.
(4)
Once a person applies for renewal, even if he applies late (but not
later than the last date of the period of registration) he is allowed to
continue aquaculture operations during the pendency of his application, until
the disposal of his application by renewal or modification or rejection. But if
application for renewal is not filed even after the term of registration
expires, the District Collector is free to take action against him as per paras
1,2 and 3 under the ‘Violations’ chapter, unless and until he files an
application for renewal.
C. FEES:
(1)
As the provisions of the Andhra Pradesh Agriculture Land (Conversion for
Non-Agricultural Purposes) Act, 2006, are not applicable to the lands used for
Aquaculture as per section 7 (f) of the said Act , there is no need to apply
for conversion of land use and therefore there is no need to pay Conversion Fee
under the said Act by the Aqua farmers.
(2) The applicant
shall pay a processing fee of Rs.200 per acre for regularization of existing
unregistered fresh water aquaculture farms or for registration of new fresh
water aquaculture farms.
(3) For all
existing unregistered fresh water aquaculture farms, the applicant has to pay a
penalty of Rs.500 per acre in addition to the processing fee of Rs.200 per acre
for regularization of existing unregistered fresh water aquaculture farms.
(4) The applicant
shall pay a processing fee of Rs 200/- per acre for renewal.
(5) The amount
shall be remitted to the concerned District Fisheries Officer by Demand Draft.
(6) The amount
collected towards processing fee and penalty may be utilized by the District
Fisheries Officer with the permission of the District Collector / chairman, DLC
or the Commissioner of Fisheries for the following purposes:
a) On visits or inspections of fresh water
aquaculture farms in connection with registration, monitoring, studies etc. and
matters connected therewith
b) Meeting the expenditure for the
Departmental Officers and farmers to attend workshops, awareness camps,
exposure visits, trainings, exhibitions on aquaculture, etc.
c) to sponsor events related to aquaculture
which will improve the technical knowledge and skills of the farmers.
d) Organizing meetings, awareness programs,
etc.
e) Collection, testing of samples and
analysis at
designated laboratories
designated laboratories
f) Printing of extension material on fresh
water
aquaculture
aquaculture
g) Publicity and awareness through print and
electronic
media
media
h) Demolitions, closure of ponds and other
functions to be carried out by or under the orders of the District Collector /
Chairman, DLC or the Commissioner of Fisheries
i) Any other activity relevant to the field
as directed by the District collector or the Commissioner of Fisheries
D. DELAYS
Delays by the Revenue Department for verification
of land title or land lease shall not exceed 15 days. The applicant may appeal
to the District Collector if the Revenue Department does not take action within
15 days and appeal to the Commissioner of Fisheries if the delay is more than
30 days. The overall processing time of the DLC shall be less than three months
from the date of application. The District Collector shall initiate
disciplinary action against the Officers who are responsible for delay in
disposing of the applications for regularization, registration or renewal
beyond three months from the date of application.
E. VIOLATIONS
(1)
The District Collector has the right to cancel the registration, if any
registered fresh water aquaculture farmer violates the conditions of
registration, fails to carry out modifications ordered within the specified
time limits and/or violates the rules laid down in this Government Order and / or
the Government Orders issued from
time to time in this regard.
(2) Any fresh water aquaculture farm (existing
or new), which is found to be operational after three months from the date on
which this Government Order is issued without having applied for registration
or renewal will be levied with a penalty of Rs 5,000/- per acre by the District
Collector and its operations shall be closed forthwith by the District
Collector. The penalty amount of Rs 5,000/- per acre shall be remitted by
Demand Draft to the concerned District Fisheries Officer within 10 days.
(3) The District
Collector shall take action to demolish the farm :
(a) in case the owner/lessee does not apply
or refuses to apply for registration even after the District Collector levies
penalty and closes operations under para 2 above;
(b) in case the farm continues to operate
illegally even after the District Collector levies penalty and orders for
closure of operations under para 2 above;
(c) in case the farm operates illegally
without carrying out modifications as ordered;
The District
Collector will recover the costs of closure/ demolition from the owner under
the Andhra Pradesh Revenue Recovery Act.
(4) In respect of the applications of the
existing fresh water aquaculture farms which have been processed by the DLC in
accordance with this order and then rejected, action will be taken by the
District Collector to close their operations and demolish the farms and recover
the costs of closure/ demolition from the owner under the Revenue Recovery Act.
(5) In respect of the applications of the new
fresh water aquaculture farms which have been processed by the DLC in
accordance with this order and then rejected, action will be taken by the
District Collector to stop excavation/ construction/ installation or to
demolish as is required in the case and recover the costs of closure/
demolition from the owner under the Andhra Pradesh Revenue Recovery Act.
(6) In respect of Compliance Forms filed by
the existing and registered fresh water aquaculture farms which have been
rejected by the District Collector after processing as per this order and farms
which have not carried out modifications ordered within the specified time
limit, action will be taken by the District Collector to cancel their
registration, close their operations and demolish the farms and recover the
costs of closure/demolition from the owner under the Andhra Pradesh Revenue
Recovery Act.
(7) During the pendency of the application
for registration of a new fresh water aquaculture farm if it is found that the
farm has started excavation / construction/ installation before receiving
provisional registration or that the farm has commenced operations before
receiving final registration, the District Collector shall take action to close
operations and / or demolish the farm.
Such closed or demolished
farms can however apply for permission afresh as new units.
The workmen employed in the fresh water
aquaculture farms which are closed or demolished in terms of this order shall
be paid compensation by the owner as per the Government rules in force. Any
additional compensation may also be arranged as applicable or feasible or as
deemed fit by the District Collector to be paid by the owner of the farm.
Aquaculture farms who have applied for
permission and whose applications are pending shall not be closed or demolished.
F. POWERS OF THE COMMISSIONER OF FISHERIES
The Commissioner of Fisheries has the power to
review the performance of the Collector & Chairman, DLC, to prevent delays
by complying to desirable time lines and to ensure compliance to this order. He
can call for records, inspect or depute Officers to examine records and inspect
relevant places and intervene in the process at any stage suo motu or in
response to a complaint, at his option. He has the power to order the
cancellation of registrations, imposition of penalties, the closure of
operations and demolitions in accordance with this order.
MANMOHAN SINGH
PRINCIPAL
SECRETARY TO GOVERNMENT
ANNEXURE
II to GO Ms No.-----------
APPLICATION FORMS
FORM
- A
Application
for Registration of Existing Fresh Water Aquaculture Farm
DATE OF APPLICATION:
APPLICATION NO: (to be given by the DFO Office)
(1)
|
Name of the
applicant/registered Company/ Establishment in BLOCK LETTERS with permanent address)
|
|
(2)
|
Address for communication ( in BLOCK LETTERS)
|
|
(3)
|
Details of land for which registration is applied for
|
|
a) District
b) Mandal
c) Revenue village
d)
Survey No
e) Ownership right
(whether free
hold or leasehold, if leasehold specify the period of lease- from date to
date)
f) Total farm
area
g) Water spread
area
|
||
(4)
|
Boundaries of the farm( North, South, East, West)
|
|
(5)
|
Category of the land
|
|
a) Waste land
b) Low productive
agricultural land
c) Prone to
inundation
d) Low lying area
e) Water logged area
f) Agricultural land
|
||
(6)
|
Water
source for the aquaculture farm
a) Irrigation canal
b) Irrigation drain
c) other source (
except bore well)
|
|
(7)
|
Date of commencement of farm
|
|
(8)
|
Usage
of bore water to supplement the evaporation
a) Permission under
the Andhra Pradesh WALTA Act. 2002.
b) Depth of bore
well
c) Diameter of the
bore well
d) Yield/hour
e)
Capacity of the Motor
|
|
(9)
|
Whether seepage channel is provided.
|
|
(10)
|
Distance from the
a) agricultural
lands (in north, south, east and west directions)
b) village/ hamlet
c) drinking water
source
d) places of worship
e) burial ground
f) road margin
|
|
(11)
|
Culture aspects
a) species of fish /prawn
b) type of culture
c) stocking
densities
d) feeding pattern
e) duration of crop
f) No of crops
|
|
(12)
|
Processing
fee details
|
|
(13)
|
Other details, if any
|
Declaration by the Applicant
I/We
…………………………………………………….Son/ Daughter /Wife of ………………………………………………………….residing at
………………………………………… hereby declare that the information furnished above is true to
the best of my/our and behalf . I/We are
fully aware that if it is found that the information furnished in the
application is false or there is any deviation /violation of the conditions of
registration or the guidelines or rules stipulated in the G.O.Ms.No. …………. or
of the relevant Government Orders issued by Government from time to time,
action as deemed fit may be taken against me/us.
SIGNATURE
Check List
(To
be attached to the Application)
(1)
Copy
of the land title deed in the name of the applicant (s) is attached.
OR
(in case of leased land) the lease deed is enclosed.
(2)
If
bore water is used for supplementing the evaporation losses of water in
the aqua farm , a copy of the permission letter from the competent
authority under the Andhra Pradesh WALTA Act, 2002 is enclosed.
(3)
Layout
plan of the aqua farm along with details mentioned in the application form at
Column No.5 & 11 is enclosed.
(4)
Demand
Draft towards processing fee in favour of District Fisheries Officer is
enclosed.
MANMOHAN SINGH
PRINCIPAL
SECRETARY TO GOVERNMENT
FORM
- B
Application for Registration of New Fresh
Water Aquaculture Farm (Provisional)
DATE OF APPLICATION:
APPLICATION NO: (to be given by the DFO Office)
(1)
|
Name of the
applicant/registered Company/ Establishment in BLOCK LETTERS with permanent address)
|
|
(2)
|
Address for communication ( in BLOCK LETTERS)
|
|
(3)
|
Details of land for which registration is applied for
|
|
(a)District
(b)Mandal
(c) Revenue village
(d)Survey No
(e)Ownership
right
(whether free hold or leasehold, if
leasehold specify the period of lease- from date to date)
(f)Total farm
area
(g)Water spread
area
|
||
(4)
|
Boundaries of the farm( North, South, East, West)
|
|
(5)
|
Category of the land
|
|
a.
Waste land
b. Low productive agricultural land
c)Prone
to inundation
d)Low
lying area
e)Water
logged area
f)Agricultural
land
|
||
(6)
|
source
for the aquaculture farm Water
a) Irrigation canal
b) drain
c) other source ( except bore well)
|
|
(7)
|
Distance from the
a)agricultural
lands (in north, south, east and west directions)
b)village/ hamlet
c) drinking water
source
d)places of
worship
e)burial ground
f)road
margin
|
|
(8)
|
Processing
fee details
|
|
(9)
|
Other details, if any
|
Declaration by the
Applicant
I/We
…………………………………………………….Son / Daughter /Wife of …………………………………………………… residing at
……………………………………………….hereby declare that the information furnished above is true
to the best of my/our and behalf . I/We
are fully aware that if it is found that the information furnished in the
application is false or there is any deviation /violation of the conditions of
registration or the guidelines or rules stipulated in the G.O.Ms. No. ….. or of the relevant Government Orders issued
by Government from time to time, action as deemed fit may be taken against
me/us.
SIGNATURE
Check List
(To
be attached to the Application)
- Copy of the
land title deed in the name of the applicant (s) is attached.
OR
(in case of leased
land) the lease deed is enclosed.
- Layout plan of
the aqua farm along with details mentioned in the application form at
column No.4&7 is enclosed.
- Demand Draft
towards processing fee in favor of District Fisheries Officer is enclosed.
MANMOHAN SINGH
PRINCIPAL
SECRETARY TO GOVERNMENT
FORM
- C
Application for Registration of New Fresh
Water Aquaculture Farm (Final)
DATE OF APPLICATION:
APPLICATION NO: (to be given by the DFO Office)
(1)
|
Name of the
applicant/registered Company/ Establishment in BLOCK LETTERS with permanent address)
|
|
(2)
|
Address for communication ( in BLOCK LETTERS)
|
|
(3)
|
Details of land for which registration is applied for
|
|
a)District
b)Mandal
c)Revenue village
d)Survey No
e)Ownership right
( whether free hold or leasehold, if
leasehold specify the period of lease- from date to date)
f)Total farm area
g)Water spread area
|
||
(4)
|
Boundaries of the farm( North, South, East, West)
|
|
(5)
|
Usage
of bore water to supplement the evaporation
a)Permission
under the Andhra
Pradesh
WALTA Act. 2002
b)Depth of bore
well
c)Diameter of the
bore well
d)Yield/hour
e)Capacity of the motor
|
|
(6)
|
Whether seepage channel is provided.
|
|
(7)
|
Culture aspects
a) species of fish /prawn
b) type of culture
c) stocking
densities
d) feeding pattern
e) duration of crop
f) No
of crops.
|
|
(8)
|
Processing
fee details
|
|
(9)
|
Other details, if any
|
Declaration by the
Applicant
I/We
…………………………………………………….Son/ Daughter /Wife of ………………………………………………………….residing at
………………………………………….hereby declare that the information furnished above is true to
the best of my/our and behalf . I/We are
fully aware that if it is found that the information furnished in the application
is false or there is any deviation /violation of the conditions of registration
or the guidelines or rules stipulated in the G.O.Ms. No. ….. or of the relevant Government Orders issued
by Government from time to time, action as deemed fit may be taken against
me/us.
SIGNATURE
Check List
(To be attached to the Application)
- If
bore water is used for supplementing the evaporation losses of water in
the aqua farm , a copy of the permission letter from the competent
authority under WALTA Act, 2002 is enclosed
- Layout
plan of the aqua farm along with details mentioned in the application form
at column No.6 is enclosed
MANMOHAN SINGH
PRINCIPAL
SECRETARY TO GOVERNMENT
FORM
D
APPLICATION
FOR RENEWAL OF REGISTRATION OF FRESH WATER AQUACULTURE FARM
I, Sri
(Name)……………….., (Address)……………………………., owner/ lessee of the registered fresh
water aqualculture farm at (address of farm)……………………, with the Registration No……………….,
do hereby request that my registration may be renewed for a further period of 5
years.
SIGNATURE:
DATE:
MANMOHAN SINGH
PRINCIPAL
SECRETARY TO GOVERNMENT
ANNEXURE
III to GO Ms No.-----------
ACKNOWLEDGEMENT
Received
Application No………. for registration of existing/ new fresh water aquaculture
farm of Sri (Name)……………………………, (Address)…………….
OR
Received Compliance
Form No………. for compliance check of existing fresh water aquaculture farm of
Sri (Name)……………………………, (Address)…………….
SIGNATURE:
DATE:
MANMOHAN SINGH
PRINCIPAL
SECRETARY TO GOVERNMENT
ANNEXURE
IV to GO Ms No.-----------
COMPLIANCE
FORM
DATE OF FILING:
COMPLIANCE FORM NO: (to be given by the DFO
Office)
(1)
|
Name of the
owner/ lessee/ registered Company/ Establishment of the registered farm (in BLOCK
LETTERS with permanent address)
|
|
(2)
|
Address for communication ( in BLOCK
LETTERS)
|
|
Registration No.
|
||
(3)
|
Details of land for which compliance is to be checked
|
|
a) District
b) Mandal
c) Revenue village
d) Survey No
e) Ownership right
(whether free hold or lease)
d) if, leasehold
specify the period of lease (from date to date)
g) Total farm area
h) Water spread area
|
||
(4)
|
Boundaries of the farm( North, South,
East, West)
|
|
(5)
|
Category of the land
|
|
g) Waste land
h) Low productive
agricultural land
i) Prone to
inundation
j) Low lying area
k) Water logged area
l) Agricultural land
|
||
(6)
|
Water
source for the aquaculture farm
e) Irrigation canal
f) Irrigation drain
g) other source (
except bore well)
|
|
(7)
|
Date of commencement of farm
|
|
(8)
|
Usage
of bore water to supplement the evaporation
a) Permission
under the Andhra
Pradesh WALTA Act. 2002
b) Depth of bore
well
c) Diameter of
the bore well
d) Yield/hour
e) Capacity of the motor
|
|
(9)
|
Whether seepage channel is provided
|
|
(10)
|
Distance from the
a)agricultural
lands (in north,
south, east and west directions)
b)village/ hamlet
c)drinking water
source
d)places of
worship
e)burial ground
f)road margin
|
|
(11)
|
Culture aspects
a)species of fish /prawn
b)type of culture
c)stocking
densities
d)feeding pattern
f)duration of
crop
g)No of crops
|
|
(12)
|
Processing
fee details
|
|
(13)
|
Other details, if any
|
I
declare that the status of compliance to the requirements in my farm are as
follows-
Requirement
|
Complied
|
Not complied
|
|
(1)
|
Fertile agricultural land is not being used
|
||
(2)
|
The land being used as farm does not have- mangroves,
wetlands, forest lands, casuarina plantations, salt pan lands, grazing
grounds for cattle, lands meant for public purposes, ecologically sensitive
areas like national parks, sanctuaries, marine parks,etc.
|
||
(3)
|
The farm does not obstruct natural drainage canals/
flood drains, creeks, etc.
|
||
(4)
|
There is more than 10 metres distance from the farm
to the-
-
Nearest village(s)/ hamlet(s)
-
Nearest drinking water source
-
Burial ground
-
Places of worship
|
||
(5)
|
There is more than 3 metres distance from the farm to
the-
-
Neighbouring agricultural lands
-
Road margins
|
||
(6)
|
Banned antibiotics and pharmacological substances are
not being used
|
||
(7)
|
Record of inputs being used (seed, feed, medicines,
etc.) is maintained
|
||
(8)
|
Permitted species of approved stocking densities are
being cultured
|
||
(9)
|
Bore water is not being used except to supplement the
losses from evaporation, seepage, etc.
|
||
(10)
|
The water spread area is not more than 80% of the
total area of the farm
|
||
(11)
|
The farm has a facility to treat effluents to required
standards before discharge as waste water
|
SIGNATURE:
DATE:
MANMOHAN SINGH
PRINCIPAL
SECRETARY TO GOVERNMENT
ANNEXURE
V to GO Ms No.-----------
COMPLIANCE NOTE
The compliance
status of the farm with Registration No………….. belonging to Sri (Name)………………….., (Address)…………………., is
verified and it is found that the following requirements are complied with-
Requirement
|
|
(1)
|
Fertile agricultural land is not being
used
|
(2)
|
The land being used as farm does not
have- mangroves, wetlands, forest lands, casuarina plantations, salt pan
lands, grazing grounds for cattle, lands meant for public purposes,
ecologically sensitive areas like national parks, sanctuaries, marine
parks,etc.
|
(3)
|
The farm does not obstruct natural
drainage canals/ flood drains, creeks, etc.
|
(4)
|
There is more than 10 metres distance
from the farm to the-
-
Nearest village(s)/ hamlet(s)
-
Nearest drinking water source
-
Burial ground
-
Places of worship
|
(5)
|
There is more than 3 metres distance from
the farm to the-
-
Neighbouring agricultural lands
-
Road margins
|
(6)
|
Banned antibiotics and pharmacological
substances are not being used
|
(7)
|
Record of inputs being used (seed, feed,
medicines, etc.) is maintained
|
(8)
|
Permitted species of approved stocking
densities are being cultured
|
(9)
|
Bore water is not being used except to
supplement the losses from evaporation, seepage, etc.
|
(10)
|
The water spread area is not more than
80% of the total area of the farm
|
(11)
|
The farm has a facility to treat
effluents to required standards before discharge as waste water
|
Since the farm has already
complied with all the requirements the existing registration certificate
continues to be valid for its term and no fresh registration certificate needs
to be given to the farm.
SIGNATURE: (District Collector)
DATE:
MANMOHAN SINGH
PRINCIPAL
SECRETARY TO GOVERNMENT
ANNEXURE VI to GO Ms No.-----------
MODIFICATION
ORDERS
The compliance
status of the farm with Registration No………….. belonging to Sri (Name)………………….., (Address)…………………., is
verified and it is hereby ordered that the following modifications relating to
the farm shall be carried out within the specified time limits failing which
the registration is liable to be cancelled.
Sl.
No
|
Modification
|
Time Limit
|
1
|
2
|
3
|
(1)
|
||
(2)
|
||
(3)
|
||
(4)
|
||
(5)
|
||
(6)
|
||
(7)
|
SIGNATURE: (District Collector)
DATE:
MANMOHAN SINGH
PRINCIPAL
SECRETARY TO GOVERNMENT
ANNEXURE
VII to GO Ms No.-----------
CERTIFICATE OF REGISTRATION OF
FRESHWATER AQUACULTURE FARM
Vide
G.O Ms No……………………
Registration No:
Date:
The fresh water
aquaculture farm of Shri/ Smt/M/s ……………………………….. Son/ Daughter/Wife of
………………………………… residing at ……………………………is registered by the Fisheries Department for a period of 5 years with effect from ………….. to ………..
Details of the UNIT AND TECHNOLOGY TO be
followed
- Location
of the Farm
-
District
-
Mandal
-
Revenue Village
- Survey No.
- Area
of the land
- Total farm area
- Total
water spread area
- Species
to be cultured
- Stocking
density
- No
of crops per year
Place Signature of the authorized officer
Date
(Seal of the Authority)
MANMOHAN SINGH
PRINCIPAL
SECRETARY TO GOVERNMENT
Conditions for the for
Registration of Fresh water Aquaculture Farm
1. This certificate
of registration is granted subject to the guidelines and rules stipulated in
the G.O. Ms. No…………. dt……… and as per
relevant Government orders issued by the Government from time to time. The
District Collector/ Commissioner of Fisheries may cancel the certificate of
registration in case of violation of the guidelines or rules as stipulated in
the G.O. Ms. No……… or relevant Government Orders issued by the Government from
time to time or the instructions/ conditions which are issued from time to time
by the District Collector/ Commissioner of Fisheries. The owner of the fresh
water aquaculture farm shall comply with such instructions/ conditions as may
be issued from time to time.
2. This certificate of registration is not
transferable
3. The certificate of registration issued by the DLC is to be exhibited in the premises of the farm and
produced for checking whenever demanded by an inspecting officer.
4. Environmental friendly and sustainable
aquaculture management practices should be adopted.
5. Antibiotics and other pharmacologically active substances which are banned by
GOI and published in Gazette Notifications from time to time shall not be used
for aquaculture.
6. During the period of registration:-
a.
The farmer should not make major and / or fundamental changes in layout,
design, etc. unless prior approval of the DLC is obtained
b.
The farmer is permitted to carry out repairs, maintenance works and also any
minor changes or adjustments required in view of changes in farming practices,
introduction of new species, etc. without altering the fundamental design.
c.
Any addition of culture area to the existing registered farm area shall be
treated as a new pond and the farmer has to apply afresh for the registration
of this new area separately. However, reduction of culture area or capacity
does not need any separate approval.
MANMOHAN SINGH
PRINCIPAL
SECRETARY TO GOVERNMENT
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