26A. Declaration of area as sanctuary - (1) When,

(a) a notification has been issued under section 18 and the period for preferring claims has elapsed, and all claims, if any, made in relation

to any land in an area intended to be declared as a sanctuary, have been disposed of by the State Government; or

(b) any area comprised within any reserve forest or any part of the territorial waters, which is considered by the State Government to be of adequate ecological, faunal, floral, geomorphological, natural or zoological significance for the purpose of protecting, propagating or developing wild life or its environment, is to be included in a sanctuary, the State Government shall issue a notification specifying the limits of the area which shall be comprised within the sanctuary and declare that the said area shall be sanctuary on and from such date as may be specified in the notification;

Provided that where any part of the territorial waters is to be so included, prior concurrence of the Central Government shall be obtained by the State Government:

Provided further that the limits of the area of the territorial waters to be included in the sanctuary shall be determined in consultation with the Chief Naval Hydrographer of the Central Government and after taking adequate measures to protect the occupational interests of the local fishermen.

(2) Notwithstanding anything contained in sub-section(1), the right of innocent passage of any vessel or boat through the territorial waters shall not be affected by the notification issued under sub-section(1).

*[(3) No alteration of the boundaries of a sanctuary shall be made except on a recommendation of a national board by the State Government]

*[Subs. by Wild Life (Protection) Amendment Act 2002 S.14]