Fisheries Legislation in India
Dr. Subhendu Datta Pricipal Scientist [[[[
CENTRAL INSTITUTE OF FISHERIES EDUCATION (Deemed University), Kolkata Centre (Indian Council of Agricultural Research) 32 - GN Block, Sector - V, Salt Lake City Kolkata – 700 700 091(W.B.)
1
Fisheries Legislation in India Fisheries, a sunrise sector of our economy, plays an important role in the socio-economic development of India, in view of its contribution to the food basket, nutritional security, sustainable large foreign exchange earnings, generation of employment and income, besides stimulating several subsidiary enterprises. Most important, fisheries are a source of livelihood for a large section of the economically backward population.. Fish production in the country increased from 3.84 million tones in 1990-91 to 6.40 million tones in 2004-05, of which 2.99 million tones were from the marine sector. The growth rate in marine fisheries in recent years has been slow (an average of 2.32% during 1990-91 to 1999-2000) compared to inland fisheries (average of 8.38% during the corresponding period). India is the third largest producer of fish in the world and also the second largest producer of Inland fish. Fisheries sector in GDP is as much as 1.4% equal to 4.5% of the contribution from agriculture. The share of fisheries exports in agricultural exports is 19.61% equal to 3.12% of the total exports of our country.
Fishery resources
India is endowed with vast and varied marine and inland fishery resources, an outline of which is given below:
Marine fishery resources
Coastline
:
8,129 km
Exclusive economic zone
:
2.02 million km²
Inshore area (< 50m depth)
:
0.18 million km²
Continental shelf
:
0.50 million km²
Estimated annual production potential
:
3.90 million tones
From area within 50m depth
:
2.21 million tones
From area beyond 50m depth
:
1.69 million tones
Rivers and cannals
:
0.20 million km
Area under reservoirs
:
3.15 million ha
Tanks and Ponds
:
2.25 million ha
Inland fishery resources
2 Beels and lakes and dereact water bodies
:
0.82 million ha
Brackish-water Area
:
1.24 million ha
Estimated annual production potential
:
4.50 million tones
Constitution provision
Entry 57 of List 1 of Seventh Schedule of the Constitution specified Fishing and Fisheries beyond Territorial Waters (12 nautical miles ) as Union Subject, where-as Entry 21 of List 11 speaks of fisheries within Territorial Waters as a State Subject. Reading both the Entries together, it follows that control and regulation of fishing and fisheries within territorial waters is the exclusive province of the State, whereas beyond the territorial waters, it is the exclusive domain of the Union. The Ministry of Agriculture within the purview of its allocated business helps the coastal States and Union Territories in development of the fisheries within the territorial waters, besides attending to the requirements of the sector in the EEZ.
Indian fisheries legislations
The need for fisheries legislation was emphasized as long back as in 1873 when the attention of the then Government of India was drawn towards widespread widespread slaughter of fish, fry and fingerlings and the urgency to adopt legislative measures to conserve the fisheries resources. At the time, the Government of India enacted the Indian Fisheries Act, which came into being in 1897. The Act highlighted the following:
Use of destructive methods of fishing such as dynamiting or other substances in inland and coastal waters (up to one marine league) was prohibited. Similarly, poisoning of water with noxious materials was also prohibited.
Provincial governments were empowered to frame rules in selected waters for protection of fish with previous notification, restricting the creation and use of fixed engines (dams, weirs, bar pattas etc.) for catching fish ; to put a limit on mesh size, size of fish and catch, and to ban the fishing in certain seasons and certain places for a period of 2 years (declaration of closed season and sanctuaries).
Indian Fisheries Act of 1897 and Rules Framed There Under in Various States
The salient features of the Indian Fisheries Act, 1897 are as follows:
3 (i) This act may be called the Indian Fisheries Act, 1897. (ii) it extends to the whole of (British) India, except Burma; and (iii) it shall come into force at once. 2. Subject to the provisions of sections 8 and 10 of the General Clause Act, 887, this Act shall be read as supplemental to any other enactment for the time being in force relating to the fisheries in any part of (British) India except Burma. 3. In this Act, unless there is anything repu gnant in the subject or context con text – – (i) Fish includes shell-fish; (ii) “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 (iii) “Private“Private-water” means which is the exclusive property of any any person, or in which the person has for the time being an exclusive right of fishery whether as owner, lessee or any other capacity. Explanation:- water shall not cease to be “private water’ within the meaning of this definition by reason only that other person may have h ave by custom a right of fishery therein, 4. (i) If any person uses any dynamite or other explosive substance in any water with intent thereby to catch or destroy any of the fish that may be therein, 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; (ii) in substance (i) the word “water” includes the sea within a distance of one “water” includes marine league of the sea-coast; and an offence committed under that subsection in such sea may be tried, punished and in all respects dealt with as a s if it had been committed on the land abutting coast. 5. (i) 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; (ii) the local 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 c ancel any such notification. 6. (i) The local Government may make rules for the purposes hereinafter in this section mentioned and may by a notification in the official Gazette apply all or any of such waters, not being private water, as the local Government may specify in the said notification;
4 (ii) The local Government may also by a 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; (iii) 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. (iv) such rules may also prohibit all fishing in any specified water for a period not exceeding two years; (v) in making any rules under this section the local 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 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 seizer, forfeiture 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 a ny such fixed engine or net. (vi) the power to make rules under this section is subjected to the connection that they shall be made after previous publication; (vii) (i) any police officer, or other person specially empowered by the Local Government in this behalf, either by name n ame or as holding any office, for the time being, may without an order from a Magistrate and without warrant, arrest any person committing his view any offence punishable under section 4 or 5 or tinder any rule under section 6 – 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; (ii) a person arrested under this section may be detained until his name and address have been correctly ascertained. It is in no doubt, that the implementation of the Indian Fisheries Act, 1897 proves to be an essential criteria to preserve fish and fishery resources intact. The Indian Fisheries Act, 897, implemented in different states of India as follows:-
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(a). Restriction on types of gear and Mesh : The minimum mesh size for nets permitted
is 30mm so that smaller fish are not caught. However, nets of smaller meshes are permitted to be used in the in the marginal areas as in Tilaiya (Damoder Valley Corporation) and some reservoirs of Andhra Pradesh and Tamil Nadu. In Delhi, since 1948 restriction have been imposed on fishing except with rod and line, hand line and long line or any other net less than 1.5 inch square mesh from July 1 to August 30, every year. Mesh regulation is also observed in Manipur, Andaman and Nicober Islands. In Assam, the sizes of gaps in bamboo fencing used for fishing have been limited. Restriction have been imposed on the use of certain nets during specified parts of the year, as well as on the mesh sizes of nets of Assam, Maharastra, M.P., Punjab etc. Form 1
st
April to 5 of June drag net of having mesh size of 2.2 inch are not allowed of any water body of Assam.
(b). Restriction on size of the fish to be caught : Many states have prohibited the
catching of economical fishes having size below 25 cm (average) so that every fish get a chance to breed at least once in its lifetime. Restrictions are also imposed on the sale of undersized fishes. In 1956, Punjab state Government prohibited catching of rohu, catla, mahseer and mrigal smaller than 25.4 cm long. In Delhi, the capture and sale of these species below 20.4 cm in length has been prohibited since 1948. The state of Uttar Pradesh has prohibited, since 1954, the capture and sale of fry and fingerlings of major carps, 5. 1-25.4 cm in length from July 15 to sept.30 and of breeders from June 15 to July 31 in the prohibited areas, except under a license issued by the proper authority. In M.P. a size limit of 22.9 cm was imposed in 1953, for the capture of rohu, catla, mahseer and mrigal.
(c). Closed season : Closed season is followed in Bihar, Madras, Jammu and Kashmir,
M. P., Mysore. In all large reservoirs, fishery is closed from June-July to end of September so that fishes are not hampered during their spawning migrations and allowed to breed, at least, th
once. Fishing is closed from 1 July to 15
September in the entire state of Rajasthan. Rajasthan. However,
at Jaisamabad (Rajasthan), there is no restriction with regard to mesh or the fish size and no closed season is observed.
6 (d). Declaration of sanctuaries or protected waters : About 3.2 Km of river stretches
below the dams Mettur, Tungabhadra (Karnataka) and Gandhisagar (M. P.) have been declared as sanctuaries. Sanctuaries have been declared in Assam, Bihar (river son son above and below the anicut at Dehri and Barun of the Shahabad and Gaya district) and Punjab (specified waters of Gurdashpur, Hosiarpur and Ambala districts and near the specified bridges). Delhi, U. P., M.P., TN., J& K, A.P. also observe restrictions on fishing in prohibited waters. In J & K, prohibition has been imposed on the extraction of Hakreza, water nuts, aquatic plants and gravel or stones during the spawning season of fish in reserved and protected waters from November to February except with the permission of authorities concerned. In Kerala, restriction has been imposed against attracting prawn into private water except under license. In T. N. fishing is prohibited in rivers Cauvery, Harangi, Sampaja and Barapole and their tributaries during the period march 15 to June, 1. (In Cauvery river from Cauvery bridge to its confluence with Ellis Surplus channel). In Haryana, conservation and developmental measures have been adopted in the portions of UhI river and Lambadug and their tributaries situated in the Mandi district, Pabar river (Rohru upstream) and Bapsa river situated in the district of Mahasu.
(e). Leasing of lakes and reservoir-s in alternate years : This is followed in Madhya
pradesh. Lakes and reservoirs are leased in alternate years to protect the fish stock in the year when it is not given on lease.
(f). Prohibition on indiscriminate fishing : In M.P. Madras, Madras, Kerala, Haryana, Punjab
and in Delhi fishing by means of fixed engine or construction of weirs are prohibited. (g). Ban on the use of explosives or poisonous substances : Various states such as U.P. (in 1948), A. P. (formerly Hyderabad, in 956), Kerala (formerly Travancore-Cochin, in 1950), J &K (1903), Karnataka (1931), Rajasthan (1953), Kerala (1950), Himachal Pradesh (formerly Bilaspur, in 1951), Delhi (1948), Coorg (formerly Madras, in 1903) banned the use of poisons and explosives for fishing. In Assam, the pollution of the water by retting of jute had been prohibited since 1953. Besides these, now some rules are enacted regarding prawn farming by Tamil Nadu government. These are as follows: (1). No shrimp farming can be done I the vicinity of the paddy field. The distance of shrimp farm from the paddy field should be 2 Km.
7 (2). To monitor the aquatic pollution pollution from all industries, “may be aquaculture”, Government of Tamil Nadu has constituted monitoring committee at district level with collector as Chairman of the monitoring committee and the members of the committee are from various department
viz. Agriculture,
Forest, P.W.D., Fisheries and Pollution Control Board.
Constraints and suggestions:
Fishing right: In some of the states states fishing rights of notified water (river, (river, canal, reservoir, tanks, beels etc.) is not vested with the fishery department. These are based by other department like revenue department (as in Assam state) and by b y irrigation departments as in Punjab and Haryana).
Marine fishery legislation in the maritime states of India
There are 10 maritime states/union territories in India, viz. Gujrat, Maharshtra, Karnataka, Goa and Kerala along the west coast, bordering the Arabian Sea; and Tamilnadu, Pondichery,Andhra Pradesh, Orissa and West Bengal along the east coat, bordering the Bay of Bengal. The 2 island union territories, viz. Lakshadweep, and Andaman and Nicobar Islands are situated in the Arabian Sea and Bay of Bengal respectively. Introduction of small mechanized boats of 9 to 10 m has rapidly caught on since the 1960s, and at present, about 53,000 such boats are operating in the inshore area, engaged mostly in bottom trawling, gill netting and purse-seining. During the 1970s, purse seining was introduced for pelagic shoaling fishes like mackerel and sardines. It was in this backdrop that the scope and possibility to safeguard the interest of traditional fishermen were recognized by the th
10 Meeting of the Central Board of Fisheries held on 22-23 March 1976, at New Delhi. Based on its recommendations, the Central Government constituted a committee in May 1976, for examining the question of delimiting the areas of fishing for different types of boats. The Committee submitted its report in December 1978, with a model Marine Fisheries Regulations Bill. The model bill was circulated to all maritime states and union territories in 1979 for enacting suitable legislation. Various state governments have issued regulations under the Indian Fisheries Act, 1897 for regulation and protection of fisheries. The regulations concerning Indian marine fisheries are listed below : (i) The Indian Fisheries Act, No. IV of 1987, Government of India. India. (ii) The Indian Fisheries Act as adopted and applied by the State of Saurashtra, 1897.
8 (iii) The Mysore Game and Fish Preservation Act 2 of 1901, Government of Mysore (iv) The Game and Fish Protection Regulation Act 12 of 1914, Government of Travancore of Travancore (1914) (modified 1921) (v) Cochin Fisheries Act 3 of 1917 (modified 1921), Government of Cochin (vi) Andaman and Nicohar Islands Fisheries Regulation 1 of 1938 (vii) The United Provinces Fisheries Act 45 of 1948 (viii) Government of Travancore-Cochin Fisheries Act 34 of 1950 (ix) The Maharashtsa Fisheries Act 1960 (modified 1962), Government Government of Maharashtra of Maharashtra (x) The Indian Fisheries (Pondicherry Amendment) Act 18 of 1965 (xi) The Indian Wildlife Act 1972. 2 lb-The territorial waters, continental shelf, EEZ and other Maritime Zones Act, 1972 (xii) The Marine Products Export Development Authority Act, 1972 (xiii) The Maritime Zones of India (Regulation of fishing by foreign vessels) Act, 1981 (xiv) The Kerala Marine Fishing Regulation Act and Rules 1980 (Act 10 of 1981) (xv) The Goa Marine Fishing Regulation Act, 1980 (xvi) The Maharashira Marine Fishing Regulation Act 1981, Government of Maharashtra (xvii) The Orissa Marine Fishing Regulation Act 1981 (Orissa Act 10 o 1 982) and the Orissa Marine Fishing Regulation Rules 1983 (xviii) The Tamil Nadu Marine Fishing Regulation Ru les 1983 (xiz) The Karnataka Marine FistJog Regulation Act, 19 86 (xx) The Andhra Pradesh Marine Fishing Regulation Act, 1994 (xxi) The Gujarat Fisheries Act, 2003 (xxii) Andaman and Nicobar Marine Fishing Regulation Act, 2003 (xxiii) L.akshadweep Marine Fishing Regulation — Rules, Rules, 2004 The
marine fishing
regulation Acts (xiv - xxiii above)
have been formulated
following a model bill circulated by the Government of India to all maritime state governments for regulation of exploitation of marine fisheries resources in territorial waters of India. These Acts demarcate fishing zones in territorial waters for fishing by non-mechanized and mechanized fishing vessels (Fig. 41.1). The distance from the shore earmarked for each category varies from state to state. In general, 5 to 10 km is reserved for operation by artisanal (non.mechanized) vessels.
9 Kerala and Goa were the first to enact the Marine Fisheries Act in 1980, followed by Maharashtra (1981), Orissa (1982), (1982), Tamil Nadu (1983), Karnataka (1986), West Bengal (1993) and Andhra Pradesh (1994). Gujarat as well as Andaman and Nicobar islands enacted the Act in 2003 while L.akshadweep did so in 2004. The Government of Pondicherry has issued executive orders. Unlike regulations of fishing areas provided in the Acts, the decision on seasonal closure is taken on a year to year basis normally normally prior to or during the onset of the south-west monsoon (June — September). September). The maritime maritime State Governments along the west coast implement seasonal closure of fishing operations by mechanized vessels (Fig. 41.2). Gujrat has been observing seasonal closure for the past 2 decades, and Karnataka and Kerala for the past I decade. the
east coast, uniform
seasonal
Along
closure of 46 of 46 days days is being implemented from 16 April to
31May, every year since 1999. Under the Marine Fishing Regulation Act, the procedure for licencing of fishing vessels is simple. Owner makes an application to the furnishing all the particulars.
Authorized Officer in the
prescribed proforma
The application is submitted along with prescribed fee and
registration certificate. Authorized Qfficer/1icencing Officer makes enquiry about the condition of the fishing vessel, fishing gears and penalties in case of o f violation
accessories.
of any an y of o f the provisions
Adjudicating
Officer can impose
of the act and can cancel, suspend and
amend the licenses. licenses. There is also also a provision provision for the constitution of Advisory Committee in Acts of some states like Maharashtra and Kai-eataki Zonation and other fishing regulations in differentiates are summarized below:
Gujrat
(i) The area up to 9 km from the shore is reserved for non-mechanized vessels and mechanized vessels beyond 9 km (ii) No fishing can be carried out in the territorial territorial water from 10 June to15 August every year (iii) In case of trawl net, square mesh of minimum 40 mi-n size at cod ends need to be used (iv) Gill net with mesh size less than 150 mm cannot be operated
Maharashtra
(i) Operation of trawl net by mechanized fishing vessels is prohibited from the seashore to 5 fathoms and 10 fathoms depth zone in specified areas
10 (ii) Fishing by mechanized fishing vessels is banned from 1 June to Nariyal Purnima around first fortnight of August) (iii) Operation of trawl gear by mechanized fishing vessels is prohibited between 5 P.M. and 6 A.M iv) Fishing by mechanized fishing vessels of any type with more than 6 cylinder engines is prohibited
within
the
territorial
waters
of
Maharashtra
up
to
22
km
v) Purse-seine shall not be not be operated by any mechanized fishing vessel within the territorial waters of
Greater
Mumbai,
Thane,
Raigad,
Ratnagiri
amid
Sindhudurg
districts
vi) Mechanized fishing vessels operating purse-seine gear beyond the territorial waters shall not land the catch caught by such gear in any port other than Mirkrwada (Ratnagiri port)
Goa
(i) The area up to 5 km from the coast-line is the specified area and mechanized fishing vessels are prohibited from fishing in the area (ii) Restrictions on mesh size size of nets, i.e. 20mm for prawn and 24 mm for fish (iii) Mechanized fishing by means of trawl nets and purse seines is banned during 5 June to 24 July every year
Karnataka
i) The area up to 6 kin from the shore or up to 4 fathoms (whichever is farther) is reserved for traditional crafts (ii) Mechanized boats (up to 50 feet length) are allowed to operate beyond 6 km. Deep-sea vessels (of 50 feet and above) are required to operate beyond 20 km.
Kerala
(i) The area from shore up to 30 m line in the sea along the coast from Kollencode in the south to Paravoor (Pozhikkara), a length of 78 km. is called the First Zone (ii) The area up to 20 m line in the sea along the coast line from Paravor in the south to Manjeswar
in
the
north
for
a
length
of
512
km
is
called
the
Second
Zone
(iii) Mechanized fishing except fishing by motorized country craft is prohibited in the First and Second zones. Only fishing with country countr y craft and traditional craft is allowed in these zones
11 (iv) Small mechanized vessels (<25 GRT) are allowed to operate between 40 and 70 m depth in the first zone and between 20 and 40 m in the second zone v) Trawl ban for 45 da ys from 15 June to 29 July every year
Tamil N adu adu
(i) Areas up to 5 km are reserved for traditional non-mechanized boats (ii) Mechanized boats are permitted to use areas beyond 5 km (iii) Fishing within 100 m below a river mouth is prohibited (iv) No gill net of mesh size less than 25 2 5 mm shall be used (v) No shrimp trawl net with mesh size less than 37 mm at cod end shall be used (vi) No fish trawl net with mesh size less than 40 mm at cod end shall be used (vii) The number of mechanized fishing vessels which may be used for fishing in an y specified area shall be decided by the Authorized Officer
An dhr a Pr Pr ades adesh
(i) The area up to 7 km k m from the shore is reserved for traditional craft (ii) Mechanized boats are allowed to operate beyond 7 km (iii) No vessel to be engaged in fishing using nets with mesh size below 15 mm (iv) Shrimp trawlers engaged in fishing without turtle excluder device (TED) shall b e liable for confiscation of entire catch and a fine of Rs 2,500
Orissa
(i) Non-mechanized traditional craft shall be allowed to operate freely without restriction. Waters up to 5 km from the shore are reserved for such fishing craft (ii) Mechanized fishing vessels up to 15 m in length shall be allowed to operate beyond 5 km from the coast (iii) Mechanized fishing vessels of 25 GRT and above or 15 m length shall be allowed to operate beyond 10 km from shore
West West B engal
(i) The area up to 18 km from the shore is reserved for artisanal fishing craft and craft fitted with engines less than 30 HP
12 (ii) Fishing crafts fitted with more than 30 HP engine engine are allowed to operate beyond 18km (iii) No gill net with mesh size less than 25 mm shall be used (iv) No bag net/dol net with mesh size below 37 mm shall be used (v) No shore seine/drag net with mesh size below b elow 25 mm to be used u sed (vi) Trawl net of standard mesh size fitted with turtle excluder devices to be used
An daman and Nicobar islands
(i) Vessels up to 30 HP only are allowed to operate up to 10 km (ii) Vessels above 30 HP are allowed to operate beyond 10 km (iii) Every year 15 April to 31 May shall be the closed season for bottom trawlers and vessels engaged in shark fishing (iv) Every year. 1 May to 30 September shall be the closed season for fishing sea shells (v) Fishing nets below 20 nm mesh size are prohibited (vi) Trawl nets of standard mesh size fitted with turtle excluder device alone are permitted (vii) Only gill nets, shore seines and dragnets with mesh size above 25 mm are allowed to operate
Lakshadweep
(i) Use of purse seine, ring seine, pelagic, mid water and bottom trawl of less than 20 mm mesh size is prohibited except live bait net (ii) Use of draft gill net of less than 50 mm mesh size and shore seine of less than 20 mm mesh size is prohibited
Fisheries-related policies:
Recognizing the importance of coastal ecosystems and the country’s reliance on these natural resources, several regulations and notifications have been promulgated by the central and state governments. The important ones are: (i) Indian Ports Act (1963) (ii) Wildlife Act (1972) (iii) Water Act (1974) (iv) Environment (Protection) Act (1986) (v) General standards for discharge of wastewaters in marine coastal areas (1993)
13 (vi) Notifications declaring certain coastal areas as a marine sanctuary or marine national park (vii) Notification declaring coastal stretches as Coastal Regulatory Zone (CRZ) and regulating the activities in the CRZ (1991, 1994, 1996) (viii) Environmental impact assessment notification (1994). These acts are meant for regulating fishing in public and private waters through a system of licensing by government authorities. The Ministry of Environment and Forests (MoEF), Government of India, issued the Coastal Zone Regulation (CRZ) notification in February, 1991 under the Environment (Protection) Act, 1986 indicating that the coastal stretches influenced by tidal action up to 500 m from the High Tide Line (HTL) shall be treated as Coastal Regulation Zone where setting up of new industries (except directly relating to water front) are prohibited. Hatcheries have been excluded and drawl of ground water in 200 — 500 500 m zone is permitted when done manually through ordinary wells for drinking, horticulture, agriculture and fisheries purposes. To protect the corals and coral reefs, there is a provision under the powers conferred under Section 10(3) of the Mines and Minerals (Regulation and Development) Act 1957. The Government of Tamilnadu (southeast coast) has issued a mining lease for collection of coral limestone under certain terms and conditions. Marine turtles and mammals such as whales, dolphins and tortoises are the endangered species occurring along the Indian coast. To protect the turtle population. the Indian Wildlife (Protection) Act (1972) was promulgated wherein all species of sea turtles were placed as endangered species in in Schedule I and thereby protected. India is a member of the Convention on International Trade in Endangered Species of Fauna and Flora (CITES), which prohibits trade in turtle products by member countries. In 1981. India became a party to the Bonn Convention on the Conservation of Migratory Species of Wild Animals. To protect endangered species, certain areas have been declared as wildlife sanctuaries, national parks and protected areas. Further. efforts are also made to reduce the mortality of turtles by attaching turtle excluder devices (TEDs) to the trawl and by declaring closure of fishing during the mass nesting season. Under the Indian Fisheries Act, 1897. the sedentary fisheries such as chanks and pearl oysters were declared a monopoly in the Gulf of Mannar and Palk Bay by the erstwhile Madras Presidency (southeast coast) and in the Gulf of Kutch by the Government of Saurashtra (northwest coast). These sedentary fisheries belonged to the government and are fully protected even now. Seasonal fisheries are conducted by the Government Department by issuing licenses.
14 The Marine Products Export Development Authority Act, 1972
The Marine Products Export Development Authority (MPEDA) was established in 1972 under an Act of the Parliament, viz, the Marine Products Export Development Authority Act, 1972 (Act 13 of 1972), under the Ministry of Commerce, Government of India, when it was felt and declared that it is expedient in the public interest that the Union should take under its control the marine products industry. The functions of the Authority laid down under clause 9 of the Act are as follows: (i) It shall be the duty of the Authority to promote by such measures as it thinks fit, the development under the control of the Central Government of the marine products industry with special reference to exports. (ii) Without prejudice to the generality of the provisions of the sub section (1) the measures therein may provide for-developing and regulating offshore and deepsea fishing, and undertaking measures for the conservation and management of offshore and deep-sea fisheries: registering fishing vessels, processing plants or storage premises for marine products and conveyances used for the transport of marine products: fixing of standards and specifications for marine products for purposes of export: rendering of financial assistance or other assistance to owners of fishing vessels engaged in offshore and deep-sea fishing and owners of processing plants and acting as an agency for such relief and subsidy schemes as may be entrusted to the Authority. Further, the Authority cart carry out inspections of marine products in any fishing vessel, processing plant, storage premises. conveyance or other place where such products are kept or handled, for the purpose of ensuring the quality of such products; regulating the export of marine products; improving the marketing of marine products outside India and registering of exporters of marine products on payment of such fees as may be prescribed. The functions of the Authority also include collecting statistics from persons engaged in the catching of fish or other marine products, owners of processing plants or storage premises for marine products or conveyance used for the transport of marine products, exporters of such products and such other persons as may be prescribed or any matter relating to the marine products industry and the publishing of statistics so collected, or portions thereof or extracts there from; training in various aspects of marine products industry; and such other matter ma y be prescribed.
15 The Marine Products Export Development Authority Rules, 1972
The MPEDA Rules 1972 was made in exercise of the powers conferred under Section 33 of the Marine Products Export Development Authority Act, 1972 (13 of 1972). The jurisdiction of the rules is throughout India. India. Section 32 of the Rules empowers the Authority to undertake various measures on the discharge of its functions, in additions to the functions specified under Sub-section (2) of Section 9 of the Act.
Broad guidelines for the operation of Indian deep-sea fishing vessels in Indian EEZ
Outline of broad guidelines calculated by the government for operation of India: deep-sea fishing vessels in the Indian EEZ are discussed here. Permission in writing (LoP) is required from the nodal ministry for operating a fishing vessel in Indian EEZ. Presently, permission is accorded only for. (i) Long lining for tuna; (ii) tuna purse-seining: (iii) squid jigging and squid hand lining and (iv) mid-water/pelagic trawling and trap fishing. The operation of Indian deep-sea fishing vessels will be governed by the executive orders issued/to be issued from time to time. The area of operation of the deep sea fishing vessels will be regulated by the instructions/orders issued by the Government of India from time to time. For proper monitoring of the operations of Indian deep sea fishing vessels and sea safety point of view, it is mandatory for all deep-sea fishing vessel operators to report their vessels position intended course and speed and area of operation with latitude and longitude to Coast Guard at 08.00 hr daily or any other time specified by the authority. Date of commencement of voyage, likely period together with crew list should be furnished to Coast Guard and Fishery Survey of India, Mumbai, before each sailing. Intimation on completion of each voyage shall also be furnished to these agencies on return. The operator shall furnish an undert2iing to the effect that (a) they will not resort to any type of fishing other than what has been permitted to them, (b) the company will not exploit any endangered species of marine turtles, mammals and fish species and the vessel will not resort to bottom trawling./ pair trawling/bull trawling, and (c) will not violate the Code of Conduct for Responsible Fisheries (CCRF). The operator should take clearance from the Government for assignment of foreign crew. All the vessels should be fitted with I NMARSAT ‘C’ or comparable terminal GPS facility as prescribed by the Government. Vessel monitoring mo nitoring system (VMS) shall be set up by b y each vessel
16 within the period to be stipulated by he Government of India. The base port for operation of vessel would be any one on cast coast and one on the west coast. Government reserves the right to inspect the vessel and machinery, and equipment on the vessel and shore-based processing plants of the company compan y at any time without notice. The operator o perator should submit the voyage report r eport in the prescribed format to Fishery Survey of India, Mumbai, within 15 days from the date of completion of each voyage. Government reserves the right to impose any other conditions from time to time. Penalty will be levied for any violation, which shall be decided by the Government. Besides, the letter of permission is also liable to be cancelled without notice, if any one or more of these conditions is not followed or violated and shall have the right to seize the vessel.
Inland fisheries legislations
The subject of legislation, for the protection of freshwater fishes was opened with an inquiry made so long ago as 1869 by Dr Francis Day of the Madras Medical Services, who had been placed on special duty for that purpose. This was followed by a resolution issued in October, 1871 on Dr Day’s report for the North-Western Provinces, in which be recommended a Fishery Act. Dr Day’s recommendations as well as the action taken on proposals made up to 1888 by the various local governments were summarized in a note prepared for the Agricultural Conference held at Delhi in that year. The Government of India enacted the Indian Fisheries Act, which same into being in 1897. The objective of the enactment was to prohibit the use of dynamite and poison in all territorial waters and to make the provisions of the Bengal Private Fisheries Protection Act, 1889, of gener.1 application. It also empowers each State Government, with the previous sanction of the Central Government, to make rules and to apply them to any selected streams or other-waters which are the property of the State, or to any other streams or other waters with the consent of the persons owning them or interested therein, This Act also provides suitable penalties for breaches of the proposed law and of the rules made there-under, and it confers on person specially empowered by the State Government, power to arrest without warrant for offences against such law or rules. This Act shall be read as supplemental to any other enactment for the time being in force force relating to fisheries in the territories to which this Act extends. This is a small piece of legislation containing only seven sections. Section I deals with the extent of c the Act, while Section 2 provides that Act is a supplement to other fisheries laws. Section 3 is a defining section which defines the expressions “fish”, “fixed engines” and “private water”. Section 4 deals with destruction of fish
17 by explosives ex plosives in inland waters and on coasts and Section 5 deals with destruction of fish by poisoning of c waters. Section 6 provides for protection of fish in selected waters by rules of Stare Government, whereas Section 7 is a penal provision providing for arrest without warrant for offences under this Act. There is a general impression that the Indian Fisheries Act of 1897 is an inland fisheries act. However, it provides that the word “water” includes the sea within distance of one marine league (3 nautical miles or 5.56 kin) from the sea coast (Explanation No.4 (2) of the Act). Erstwhile Punjab (before partition of India) was perhaps the first state to introduce legislation for conservation of fisheries. The Punjab Fisheries Act II of 1914 was passed, and later amended and revised from time to time in 1941, 1966 and 1971.For regulating fisheries in canals, separate rules were framed and notified by the Punjab C Government in 1924 in the form of Rules for regulatory fishing in Government canals and rules for regulating in head waters. States of Himachal Pradesh, Haryana and the Union Territory of Delhi also follow more or less Punjab rules. The fishing rights of the notified public waters are put to open auction on or after 1 July every year and the period of lease extends from 1 September to 21 August of the next year. Some states like West Bengal, Uttar Pradesh, Andhra Pradesh, Madhya Pradesh, Karnataka, Kerala, Tamil Nadu, and Jammu and Kashmir have some rules for fisheries regulation. Rajasthan enacted fisheries legislation in 1984. The State of Uttar Pradesh put a ban on the capture and sale of juveniles (5.1 to 23.4 cm in length) from 15 July to 30 September, and of spawn from 15 July to 30 September, and of spawn from 15 June to 31 July from the prohibited areas. From 1953, in Madhya Pradesh, fishing of rohu, mrigal, catla arid mahseer of less then 22.9 cm length is prohibited. Many riverine areas have been declared as sanctuaries in Madhya Pradesh, Hirnachal Pradesh, Delhi, Jammu and Kashmir, Karnataka and Tamil Nadu. Mesh regulations are observed in many places such as Manipur, and Andaman and Nicobar Islands. Nets having a minimum mesh size of one inch are generally permitted for fishing in the reservoirs. The use of explosives and poisonous substances for the capture of fish is prohibited in many states like Jammu and Kashmir, Himachal Pradesh, Andhra Pradesh, Karnataka, Uttar Pradesh and Kerala. The Government of Assam has introduced a policy on Fish Seed Industry in the state in 2001 to augment quality fish seed production for advancement of aquaculture in the state and to protect the bio-diversity for economically important indigenous fish species of Assam in the natural ecosystem by adoption of adequate conservation measures. To translate these aims and objectives into action, the State Government has proposed establishment of eco-hatcheries,
18 standard size of brood-stock, partial replacement of brood-stock with wild stock, prohibition of breeding and propagation of banned exotic fishes, registration of fish seed producers and growers and easy and unrestricted transport of fish seed in the state. Suitable regulations for river rehabilitation stock enhancement and protection of spawning grounds are also envisaged in the action plan. The Act of 1897 has been adopted, by promulgating Rules under Section 3 of this act and through various amendments, at the state-level, various states with references to the multifarious provisions pertaining to about 51 different regulatory activities, comprising mainly limited accesses, licensing of gear, gear restriction, leasing and auctionin g. The complexity of factors involved in the regulation of fisheries, domestic and international, is often underestimated. Fishing is still largely an activity to harvest wild stocks of highly ambulatory animals. These animals cannot be fenced in a limited area or with marked ownership. This makes fisheries of open water a common property resource with its related problems. Therefore, regulatory measures need to be blended with other environmental protection measures such as (a) limited access; (b) leasing and auctioning; (c) closed seasons; (d) licensing of gear and (e) gear restrictions.
The Coastal Aquaculture Authority Act, 2005
The high growth rate of the economic activity of culture of shrimp in the coastal areas also led to discussions on the environmental sustainability of the aquaculture operations, Over years of discussions, The Aquaculture Authority was established and the Coastal Aquaculture Authority Act, 2005 is also in place and some of the provisions relate to preventing construction of shrimp farms in mangrove areas, other sensitive areas and in agricultural land; compulsory EIA for larger farms; wastewater quality standards and effluent treatment plants; use of chemicals and drugs; licensing and mandatory application of code of conduct; provision for registration of shrimp farms valid for a period of 5 years which may be reviewed from time to time for a similar period. Further, the Authority would make such inquiry to ascertain that registration of shrimp farms above 2 ha of water spread area shall not be detrimental to coastal environment. Traditional aquaculture farms within CRZ, which have not been hitherto put into use for aquaculture purposes should be registered with the Coastal Aquaculture Authority failing which such lands will not be allowed to be used for aquaculture purposes. Such registered lands should be utilized
19 for aquaculture within 1 year of registration. A provision has also been made in the Bill to set up a Tribunal to decide compensation in respect of the workers of farms to be demolished. It has also been indicated in the Bill that the concept of responsible aquaculture would be followed in regulating the aquaculture activities. At the State level also, there have been some attempts to regulate shrimp farming In this regard the Department of Fisheries, Government of Andhra Pradesh has submitted a draft bill on regulating the quality of the shrimp seed produced in the hatcheries since at present, the hatcheries are in the private sector. Hence, the department has proposed Enactment of Aquaculture Seed (Quality Control) Bill. The salient features of the bill are as follows: Ensuring the quality of the seed, brooder stock and labeling of the quality of seed. •
Stipulating norms for size, weight, purity and disease-free parameters for seed.
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Government will have powers to regulate import and export of aqua-seed.
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The aqua-seed testing laboratories will be set up.
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The department will have powers to register hatcheries fish seed farms and conduct inspections.
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Notifying and regulating the varieties of seed to be used for aquaculture
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Construction of Construction of Aquaculture Seed Committee.
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Aquaculture seed registration and certification,
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The department will have powers to levy penalties.
Model Bill on Inland fisheries and aquaculture
Considering the potential of inland fishery resources and the development of fisheries sector, a Model Inland Fisheries and Aquaculture Bill has been drafted. The main objective of the Model Bill is better management of the inland fishery resources so as to ensure sustainability and increased productivity. The aspects of the Bill pertain to control, regulation and ban on destructive fishing craft and gear untenable fishing practices in inland waters, conservation of fish stocks and resources encroachment/ reclamation of inland waters, leasing/licensing of open waters, fish seed certification and inter-state movement, feed quality and certification use of chemicals, antibiotics, etc., health monitoring and disease reporting/control, coldwater fisheries, integration of aquaculture with other farming systems.
20 Use of chemicals/antibiotics in shrimp aquaculture
Unscientific use of chemicals and antibiotics may adversely affect human health and also the environment. Several countries importing importing marine products from India dc not permit permit any residual level of banned chemicals and antibiotics. Therefore steps are being taken to discourage the use of these chemicals and antibiotics in shrimp farming. Presently the use of about 20 antibiotics and chemicals is banned in India for use in shrimp culture. The Ministry of Agriculture (Department of Animal Husbandry and: Dairying) vide a notifications dated 7 July 2001 and 6 October 2001, has it made mandatory that import of all livestock products including all aquatic animals encompassing fish, crustaceans and mollusks shall be allowed only against sanitary import permits to be issued by the department. d epartment. As a shrimp/fish feed may contain banned b anned antibiotics, chemicals, etc.. the committee set up in this Department on Risk Analysis on sanitary imports constituted under the chairmanship of Animal Husbandry Commissioner scrutinizes the import applications and imposes the condition that feed for aquaculture should be. free from any chemical residues including antibiotics. The chemical contents of fish and shrimp feed are to be indicated to determine its admissibility. A comprehensive regulatory frame work for fishery; and aquaculture encompasses crucial matters such as environmental conservation, public health, legal support, economic incentives, risk insurance, information dissemination, international co-operation as well as coordination of production, marketing and management measures. Appropriate policies legislation and regulations are required for prevention, reduction or elimination of hazards with clear cut legal frame work on property rights, water quality protection, prevention of environmental degradation, disease spread, bio-diversity conservation, etc. The National Policy on agriculture seeks to promote technically sound, economically viable, environmenta1ly non-degrading non-degrading and socially use of country’s natural resources-land, resources-land, water an, genetic endowment to promote sustainable development of agriculture including fisheries and aquaculture. The marine fishing policy released by the Union Government seeks to achieve harmonized development of marine fisheries both in the territorial and extra territorial war of our country through various measures suggested for different sub-sectors of marine fisheries for ensuring socio-economic security of the fishermen. Further, the Coastal Aquaculture Authority Act, 2005, is expected to provide necessary legal provisions for regulating the various aspects related to this sector. Model Bill on Inland fisheries and Aquaculture which is in the pipeline is expected to provide broad pipelines to different states in regulating and managing their inland
21 fisheries and aquaculture. It is expected that the policy guidelines and legal frame work provided by the Union Government and various state governments will go a long way in ensuring sustainable fish production and improved socio-economic con ditions of fishers in India.
Relevance of Legislation in Inland Fisheries:
The belief in the inexhaustibility of capture fishery resources has been belied since long. Experience has shown that uncontrolled fishing and highly destructive devices of fish capture deplete fishery resources and are followed by great economic distress. The purpose of fishery regulations is to obtain maximum sustained yield of fish from waters and assure a recurring bountiful harvest of fish without depleting the resources and wastage of fishing effort. The basis of empirical regulations is the belief that every fish should be b e given a chance chanc e to breed at least once. By way corollaries to this belief the following n otions may be mentioned; (i) that it is necessary to have a large number of spawners of a species; (ii) that all smaller fish must be protected as the majority will mature and b ecome spawners (iii) that it is very essential to protect fish during the spawning season.
REFERENCES
1) Ayappan, S., Jena, A. K., Gopalakrishna, A. and Pandey, A. 2006: Fisheries legislation in India in: Handbook of Fisheries and Aquaculture, pp. 678 - 694. 2) Datta, S. and Das, R. C. 2005, Fisheries legislation of India, In India, In Conservation Conservation of aquatic environment, published by CIFE, Mumbai, pp. 52 - 58. 3) Kuldip Singh. 1989. Role of legislation legislation in the conservation and management of capture fisheries resources. In resources. In Conservation Conservation and management of inland capture fisheries resources of India. A. G. Jingran Jingran and Sugunan , V. V (Eds) . Published by Inland Inland Fisheries Society of India, Barrackpore. 264 - 270. 4 ) The Gazette of India, 2005 A-2,1927 , pp. 22-92 .
