Fisheries Legislation [First edition.] 9789352742752, 9352742753

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FISHERIES LEGISLATION

FISHERIES LEGISLATION

By KRISHNA CHANDRA BADAPANDA Ex. Managing Director, FISHFED, Odisha

UNIVERSITY SCIENCE PRESS (An Imprint of Laxmi Publications Pvt. Ltd.) An ISO 9001:2015 Company BENGALURU KOCHI

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FISHERIES LEGISLATION © by Laxmi Publications (P) Ltd. All rights reserved including those of translation into other languages. In accordance with the Copyright (Amendment) Act, 2012, no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise. Any such act or scanning, uploading, and or electronic sharing of any part of this book without the permission of the publisher constitutes unlawful piracy and theft of the copyright holder’s intellectual property. If you would like to use material from the book (other than for review purposes), prior written permission must be obtained from the publishers.

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C ONTENTS Preface

(xi)

Acknowledgement

(xii)

List of Figures

(xiii)

Division–I : INTRODUCTION (1–28) 1. Fish and Fisheries

3

Prelude – Meaning and Definition of Common Terms – Fisheries: the Resources Inside Another Resource: Water – Superiority of Fisheries Over Other Food Producing Avenues – Advantageous Features of Fisheries – Advantages in the Culture Front – Specialized Features of Fisheries – Culture Fishery Compared to Capture Fishery 2. Fisheries Legislation

22

Prelude – The Importance of Legislations – Objectives of Fishery Legislation – Meaning and Definition – Basic Terms Connected with Legislation

Division–II : INTERNATIONAL REGULATIONS (29–68) 3. International Regulations on Fisheries

31

Prelude – Need of Legislation – History of Fisheries Regulation WorldOver – The Territorial Waters – The Contiguous Zone – The Exclusive Economic Zone (EEZ) – Development of International Regulations in Fisheries Sector – United Nations Conference on Laws of Sea (UNCOLOS) 4. The Laws of the Sea

44

Prelude – Freedom of Fishing – Factors Influencing the Marine Fisheries Regulations – Biological Factors – Technological Factors – Economical Factors – Social Factors – Political Factors – Different Aspects of International Laws of the Sea – Full Utilization – Conservation – Economic Efficiency – Allocation of Catch – Scientific Research – Inter and Intra-Use Conflicts – Analysis and Conclusion (v)

(vi)

5. International Fisheries Organizations

52

Prelude – International Council for Exploration of Sea (ICES) – International Pacific Halibut Commission (IPHC) – International Pacific Salmon Fisheries Commission (IPSFC) – North Pacific Fur-Seal Commission (NPFSC) – International Whaling Commission (IWC) – North-East Atlantic Fisheries Commission (NEAFC) – International Commission for North Atlantic Fisheries (ICNAF) – Inter-American Tropical Tuna Commission (IATTC) – International North Pacific Fisheries Commission (INPFC) – Miscellaneous International Organizations in Fisheries 6. The Food and Agriculture Organization (F.A.O of UNO–1945)

60

Prelude – Organizational set up – The Department of Fisheries and Aquaculture – Functioning of the Department – Different Divisions – Committee on Fisheries (COFI) – Advisory Committee on Marine Resources Research (ACMRR) – Indo-Pacific Fishery Council (IPFC) – General Fishery Council for Mediterranean (GFCM) – Indian Ocean Fishery Commission (IOFC) – Committee for Eastern Central Atlantic Fishery (CECAF) – Regional Fishery Advisory Commission for South-West Atlantic

Division–III : FISHERIES REGULATIONS IN INDIA (69–228) 7. Fisheries Legislation in India

71

Prelude – History of Fisheries Legislation – Development of Fisheries Legislation – Important Milestones in the Indian Fisheries Legislation – The Indian Fisheries Act (1897) – Relevance of Fisheries Legislation – Consequence in the Absence of Legal Regime – Existing Regulatory Framework in Fisheries Sector – Division of Subjects between Centre and State – Institutional Framework – Areas of Competence of State/Central Authorities in Marine Fisheries – Role of the Union Government – State Fisheries Legislations – Various Legislative Framework Regulating Fisheries in India 8. International / Regional Agreements and Fishery Forums/Bodies/ Programs/Projects/Conventions to which India is a Signatory Prelude – Antarctic Treaty System (ATS) – Agreed Measures for the Conservation of Antarctic Fauna and Flora – Asia-Pacific Fishery Commission (APFIC) – Bangladesh, India, Myanmar, Sri Lanka, Thailand Economic Cooperation (BIMSTEC) – Basel Convention – Bay of Bengal Large Marine Ecosystem (BOBLME) – Bay of Bengal Program – Inter Governmental Organization (BOBP-IGO) – Convention on Biological Diversity (CBD) – Cartagena Protocol on Bio-Safety – Code of Conduct for Responsible Fisheries (CCRF) – Commission for the Conservation of Antarctic Marine Living

90

(vii)

Resources (CCAMLR) – Convention on International Trade in Endangered Species (CITES) of Wild Life – Convention on Wetlands (Ramsar Convention) – Convention on Migratory Species (CMS) of Wild Animals – Convention for the Preservation of Fauna and Flora in their Natural State – Indian Ocean Fishery Commission (IOFC) – Indian Ocean Rim Association for Regional Cooperation (IOR-ARC) – Indian Ocean Tuna Commission (IOTC) – International Maritime Organization (IMO) – International Plant Protection Convention (IPPC) – International Seabed Authority (ISA) – International Whaling Commission (IWC) – MARPOL (Marine-Pollution) 73/78 – Montreal Protocol (MP) – Network of Aquaculture Centers in Asia-Pacific (NACA) – Nuclear Test Ban Treaty (NBT) – South Asian Association for Regional Cooperation (SAARC) – Treaty Banning Nuclear Tests in Atmosphere, in Outer Space and under Water – Treaty on Prohibition of Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Sea-Bed and Ocean Floor and in the Subsoil Thereof – United Nations Convention on the Law of the Sea (UNCLOS) – United Nations Fish Stocks Agreement (UNFSA) – United Nations Framework Convention on Climate Change (UNFCCC) – World Heritage Convention – Convention Concerning Protection of the World Cultural and Natural Heritage – World Trade Organization (WTO) 9. Existing Regulatory Framework in India for the Marine Fisheries

115

Prelude – Indian Marine Fisheries Legislation in Brief – Legal Framework – Legal Instruments for Marine Fisheries – Comprehensive Marine Fishing Policy-2004 – Guidelines for Operation of Deep Sea Fishing Vessels in the Indian EEZ – Ocean Policy Statement 10. Existing Regulatory Framework in India for the Inland Fisheries

143

Prelude – Issues Confronted by the Capture Fisheries – Policy Framework – National Water Policy (NWP-2002) – National Environment Policy (NEP-2004) – Action Plans Under NEP for Various Inland Waters – Are the Interests of Fisheries Covered in the Above Policies? – Legal Framework – Institutional Framework – Development of Inland Fisheries Legislations – Model Bill for Inland Fisheries and Aquaculture-2005 – Wetlands (Conservation and Management) Rules-2010 11. Existing Regulatory Framework in India for Aquaculture Sector

158

Prelude – Regulatory Framework in India – The Coastal Regulation Zone – The Aquaculture Authority of India – The Environmental Impact Assessment – Authorization for Aquaculture Operation 12. Existing Regulatory Framework for Quality Control and Export Prelude – What is Quality? – Why is Quality Control? – Quality Control Regulation – Quality Specifications for the Fish and Fishery Products –

168

(viii)

Bacteriological Specifications – Quality Assurance – Hazard Analysis Critical Control Point (HACCP) – The Export Inspection Council (EIC) – Regulations for Food Safety – The Marine Products Export Development Authority (MPEDA) 13. Survey of the Existing Fishery Regulations in Force

185

Prelude – Survey of Existing Fishery Regulations – Protective Regulations – Administrative Regulations – Managerial regulations –Financial Regulations – Market Regulations – In the Field of Marketing – In the field of Sanitation, Quality Control and Exports – Conclusive Remarks 14. Critical Analysis of the Existing Regulations and Recommendations

209

Prelude – Policy Regarding the Ownership Over the Water Resources – Restrictions on the Construction of Dams/Weirs/Barriers: Obstacles for Fish Migration – Rules for Clearance of Tree-stumps and Levelling of Reservoir Basin/Marginal-shelves – Restrictions on the Introduction of Exotic Fishes in Inland Waters – Registration/Licensing of Fishermen and Fish Farmers – Rules for Registration of Fishing Crafts and Gears – Licensing of Fish Dealers/ Contractors – Critical Analysis and Recommendations – Suggestions for the Inland Fishery Legislation – Suggestions for the Marine Fishery Legislations – Challenges for the Marine Fisheries Legislation – Recommendations

Division–IV : LEGISLATIONS FOR THE FISHING VESSELS (229–284) 15. Regulations for the Safety of the Fishing Vessels Prelude – Fishing Vessels Compared to Commercial Vessels – The World Fishing Fleet and Workforce – Classification of Vessels – Existing Regulatory Frameworks in India for Fishing Vessels – Safety of the Fishing Vessels at Sea in the International Prospective – Fishing Vessel Safety Code and Voluntary Guidelines – International Conventions for Larger Vessels/ Ships – Safety of Life at Sea (SOLAS-1974) – Standards of Training, Certification and Watch-Keeping for Seafarers (STCW-1978) – International Conventions for Smaller Fishing Vessels – International Convention for the Safety of Fishing Vessels-1977 – Torremolinos Protocol-1993 – The Cape Town Agreement-2012 – Standards of Training, Certification and Watch-Keeping for Fishing Vessel Personnel (STCW-F) Convention-1995 – Code of Safety for Fishermen and Fishing Vessels (1968-1974) – Voluntary Guidelines for the Design, Construction and Equipments of Small Fishing Vessels (FAO/ ILO/IMO)-1980 – Document for Guidance on Training and Certification of Fishing Vessel Personnel (FAO/ILO/IMO)-1985

231

(ix)

16. Regulations for the Manning of Fishing Vessels

249

Prelude – Manning of Fishing Vessels – Manning Regulations for Fishing Vessel – Based upon the Over-All-Length (OAL) – Based upon the Propulsion Power (KW) – Based upon the Gross Registered Tonnage (GRT) – Based upon the Net Horse Power of the Engine (NHP) – For Vessels Fitted with Radio-Telephone – Recommendations 17. Regulations for the Prevention of Collisions at Sea

252

Prelude – International Regulations for Prevention of Collision – Regulations to Prevent Collision at Sea – Lights to be Exhibited – Range and Visibility of Lights – Shapes to be exhibited as Fishing Signals – Lights and Shapes to be Exhibited in Fishing Vessels – By the Vessels Engaged in Fishing Other than Trawling – By the Vessels Engaged in Fishing in Close Vicinity of Other – For Fishing Vessels when Not Engaged in Fishing – For Vessels in Danger/Distress 18. Regulations for the Life Saving Appliances

267

Prelude – Rules and Regulations – Types of Life Saving Appliances in Vessels – Requirement of LSAs in Different Sized Fishing Vessels 19. Regulations for the Fire Fighting Appliances

273

Prelude – Precautions for Prevention of Fire – Types of Fire – Different Types of Fire Fighting Appliances – Fire Fighting Appliances Rules – Summery List of Fire Fighting Appliances Provisions References

282

(x)

PREFACE The multi-disciplinary “Fisheries Science” is an applied science, involving the basic principles of a wide range of subjects from several disciplines of arts, science and commerce. As a result, concise literature on any particular aspects is hardly available. This is more significant in the field of legislation, which deals with an extensive arena, starting from the protective regulations for inland fishery enacted by the provincial governments to suit to the local conditions up to the international laws of the sea. As such the present work is an attempt to study fisheries legislation from the grass-root level up to the global prospective with special emphasis to India. Any productive industry will record only a stunted growth or perish soon, if proper planning, organization and control do not exist. This is more relevant for the fishing and aquaculture industry, which deals with the aquatic resources, which are not only hidden, mobile, migratory, renewable and sensitive living resources of common property nature, involving high degree of risks and uncertainty but also highly perishable after exploitation, warranting costly harvest and post-harvest technology. “Fisheries Legislation” is always based upon the scientific principles to find out ways and means to protect the fish and fisheries, so that assured harvest is possible in sustainable manner. Modern fisheries Legislation is often referred to as the governmental system of appropriate regulations with defined objectives and suitable enforcement tools, which are put in place by a system of effective monitoring, control and surveillance. As such appropriate legislation for sustainability and holistic growth of the aquaculture and fishing industry is the barest necessity, being the key for the overall fisheries development and management. Creative suggestions for the improvement of the book shall be gratefully acknowledged and incorporated in the subsequent editions. —Author

(xi)

ACKNOWLEDGEMENT The book is dedicated to all the fish lovers, especially the students of fisheries science. The work has been compiled in simple language, with illustrations wherever necessary; for easy understanding of the beginners. Even though, the book contains the basic aspects of regulations in various fields of fisheries, it is still like a drop in to the vast ocean of the legislative framework, where new regulations are added to every now and then to meet the specialized challenges. Therefore, the present work always provides rooms, for further scope of refinements of the contents incorporated. Critical comments and constructive suggestions for further refinement of the present work are always welcomed, which will be acknowledged with all humility and gratitude. Unintentional mistakes /omissions, if any, in the present endeavor are deeply regretted. The book and chapters therein, were representation of the informations available with me collected during my career. Relevant statistics, figures and illustrations has been included to give the readers, more clear insights into the subjects. Sincere care has been taken to reproduce materials (text, tables and figures) in presentable form. In course of preparation of the final text, there are few visualizations and statistics, which were taken from the online resources and references, which have been given at the last section. If anyone as reader/ critic, feels that by doing so; personal sentiment of anybody has been hurt or intellectual properties has been reproduced; than valuable comments are always solicited. Sincere appreciations are due for my loving wife “Puspa Manjari”, cooperation in all the steps from beginning to end, which has enabled me task. My affectionate acknowledgements are also for my children, all IT sector; ‘Dr. Pritish Kumar’, ‘Er. Peeyush Kalpana’ and ‘Er. Prasun hardware and software supports provided by them, whatever and when completing the manuscript?

for her untiring to complete this working in the Kumar’ for the ever needed for

—Author

(xii)

LIST

OF

FIGURES

Fig. 1.1:

The priced Indian Major Carp Rohu: the Consumers’ Delight

4

Fig. 1.2:

Fishing by Small Wooden Boat and Cast-net

7

Fig. 1.3:

A Typical Pisciculture Farm

8

Fig. 1.4:

Water: Scenic, Serine and Sublime is regarded as Life concealing the Aquatic Wealth within.

10

Fishing in any forms reaps Pleasure apart from Livelihood, Profit, Employment, Food and Nutritional-Security with Foreign Exchange earnings.

21

Graphical Representation of Territorial Waters, Contiguous Zone and EEZ

41

Fig. 4.1:

Graphical Representation of Economic Efficiency in Fishing

49

Fig. 7.1:

Diagrammatic Representation of Applicability of Fisheries

85

Fig. 7.2:

Diagrammatic Representation of Applicability of OMFRAs in India

86

Fig. 9.1:

Map of India showing Maritime States and MarineResources

117

Fig. 9.2:

Traditional Fishing in the Coastal Waters

118

Fig. 9.3:

One of the Trawler from Fishing Harbor venturing into Sea for Fishing

Fig. 9.4:

Boat returning from Sea with Bumper-Catch

Fig. 1.5:

Fig. 3.1:

139

Fig. 10.1: Traditional Fishing in Inland Water

144

Fig. 10.2: Fishing by Cast-net

150

Fig. 10.3: The Wetland: a Home for innumerable Biodiversity

156

Fig. 11.1: An ideal Fish-seed Farm

159

Fig. 11.2: An Ideal Fish Farm

162

Fig. 11.3: Artificial Feed Administration through Hanging Tray

164

Fig. 11.4: Sample Netting by Cast-Net for Growth/Health Check

165

Fig. 11.5: Aerators for Shrimp Culture Ponds Electrically Operated

166

Fig. 12.1: Grading and Sorting of Catch before Icing

170

Fig. 12.2: Pomfrets: the Most Traded Fish in Export

171

Fig. 12.3: Tiger Shrimps: the Major species for Indian Export

172

(xiii)

(xiv)

Fig. 12.4: The Lobsters: one of the Exportable Species

172

Fig. 12.5: The Cephalopods: few of the Exportable Species

173

Fig. 12.6: The Crabs: the Consumers Delight Overseas

173

Fig. 12.7: The Clam and Mussels

174

Fig. 12.8: The Whelks

174

Fig. 14.1: Reservoirs submerge the Forest Area where it is built

214

Fig. 14.2: Tree-stumps in Reservoir, create obstacles for Fishing

215

Fig. 14.3: A pair of larvicidal fishes (Gambusia sp.)

217

Fig. 14.4: The Brown-Trout and the Rain-bow Trout

217

Fig. 14.5: The Grass-Carp

218

Fig. 14.6: The Common-Carp

218

Fig. 14.7: The Silver-Carp

219

Fig. 14.8: The Bighead-Carp

219

Fig. 14.9: The Tilapia (Oreochromis sp.)

220

Fig. 14.10: The Thai-Magur (Clarias garipinus)

221

Fig. 16.1: The Navigator’s Compass

251

Fig. 17.1: Diagrammatic presentation of Points of 11.25°

254

Fig. 17.2: Diagrammatic presentation of Mast Head light of 225° in 20 points

254

Fig. 17.3: Diagrammatic presentation of 2-Side lights each 112.5° in 10 points

255

Fig. 17.4: Diagrammatic presentation of Stern light 135° in 12 points

255

Fig. 17.5: Diagrammatic presentations of various lights

256

Fig. 17.6: Diagrammatic presentation of lights to be fitted in a Fishing Vessel

258

Fig. 17.7: Diagrammatic presentation and specification of Shapes: Cone and Basket

259

Fig. 17.8: Diagrammatic presentation of lights in Trawler (20-50m) while trawling

261

Fig. 17.9: Diagrammatic presentation of lights in Trawler (12-20m)while trawling

262

Fig. 17.10: Lights exhibited in Vessels (12-20m) while fishing other than Trawling

263

Fig. 17.11: Lights to be exhibited in Vessels (over 20m) while Trawling

264

Fig. 17.12: Various Ways to indicate Distress by Vessels on Sea

266

Fig. 18.1: Life Boats

268

Fig. 18.2: Inflatable Life-rafts

268

Fig. 18.3: Buoyant Apparatus

269

(xv)

Fig. 18.4: Life Buoys

269

Fig. 18.5: Self-Igniting Lights

269

Fig. 18.6: Buoyant Lines

270

Fig. 18.7: Life Jackets

270

Fig. 18.8: Line Throwing Appliances

270

Fig. 18.9: Parachute Distress Rockets

271

Fig. 18.10: Red Star Distress Signals

271

Fig. 19.1: Utility of Various Fire Extinguishers

274

Fig. 19.2: Symbols found in the Fire Extinguishers and What they Mean

275

Fig. 19.3: Different types of Fire Pumps used in Vessels

275

Fig. 19.4: The Fire Buckets

276

Fig. 19.5: Sand/ Saw-dust Bins

276

Fig. 19.6: Fire Hydrants

276

Fig. 19.7: Fire Hose

277

Fig. 19.8: Fire Nozzles

277

Fig. 19.9: Fireman’s Outfit

277

Division–I

INTRODUCTION

Unit

FISH

AND

1

FISHERIES

1.1 PRELUDE Fish and fisheries are an integral part of economic activities in many nations around the world, especially in the poorer developing and under-developed countries, making substantial contributions to the national economy and social well-beings, by ensuring food and nutritional security for the people. It has been estimated that approximately 37 million people are employed in the fishery sector and fishery-related ancillary activities world over (FAO-1998) and in recent years global production from capture fisheries has varied between approximately 90–100 million tons. The fish and fisheries are used in variety of ways, ranging from mere subsistence to international trade of approximately 40 billion US$ annually. Over the past two decades, global fish production from capture fisheries has remained more or less stable, while production through aqua-farming has progressively increased year after year. In India also fisheries and aquaculture form an important sector in the rural economy, with regard to employment generation, livelihood earning option, malnutrition eradication, ensuring food and nutritional security. The Fisheries sector has contributed immensely to the national food basket, with annual production over 6 million tons of fish and shellfish from fisheries and aquaculture. India is within the top 10 largest fish producers of the world and is playing an important role in the global fisheries. Furthermore, with production over 3 million tons from aquaculture, the country occupies the 2nd position in the world next to China. The Indian sub-continent is endowed with very rich inland/marine fishery resources, due to its convenient location in the Indian Ocean and a sizable fishermen population. India is also gifted with one of the richest biodiversity of over 2200 fish species alone, apart from very rich species diversity of prawns/shrimps, lobsters, crabs, mussels, oysters, clams, cockles, sea-weeds and so on, with tremendous opportunity for culture and capture. Fish and fishery products also form an important commodity for both the domestic as well as the overseas markets, with an excellent foreign exchange earning avenue. The Indian fisheries and aquaculture has witnessed rapid growth in respect of farming-technology/fishingfleet/fish-production/export-earnings during the past few decades. Creation of required

4

Fisheries Legislation

infrastructures for the harvest and post-harvest technology has received focused attention of the governments both at the center and the state, for inducing a steady all round progress.

1.2 MEANING AND DEFINITION OF COMMON TERMS Fish For the common man fish is a misnomer; various aquatic organisms (like prawn/ lobster/ squid etc.) are often confused to be called as fish. Many types of aquatic animals commonly referred to as fish are not fish in the strict scientific sense; examples include shellfish, cuttlefish, starfish, crayfish and jellyfish. Ordinarily, the term ‘Fish’ is a meat consumed by many species, including the humans. The word “fish” refers to both the animal itself and to the food prepared from it. Incidentally, animals belonging to almost all the groups (phyla) of the animal kingdom have opted for an aquatic life in the watery ecosystem due to the ‘convergent radiation’, in the process of organic evolution. In fact, the first life created in the mother earth, ‘Amoeba’ was in the aquatic world itself. It is for this reason only, as per the Hindu mythology, in the ‘Dasaabatar’ (10-incarnations) of the “All-Mighty God”; it has been appropriately depicted as the “MatshyaAvatar” (Fish-Form), the 1st incarnation. However, the contribution of fish to the human food and nutrition sector is very vital, especially in the developing and under-developed nations, fish being the “rich food for the poor”; the “cheapest animal protein for the common man”.

Fig. 1.1. The Priced Indian Major Carp Rohu: the Consumers’ Delight

From scientific consideration, the “Fish” is defined as ‘an aquatic, cold-blooded (poikilothermic), vertebrate, which retains the embryonic gills throughout the life for (bronchial) respiration and is equipped with the paired and unpaired fins for locomotion, which are invariably supported by the branched and un-branched fin-rays. Therefore, for any animal to be classed/called as fish, it should have the following essential characteristic features:

Fish and Fisheries

5

1. It should be an aquatic animal, which cannot survive without/out of water, 2. It should be a cold-blooded (poikilothermic) animal, i.e., the body temperature fluctuates corresponding to the external ambient temperature of the ecosystem, 3. It should be a vertebrate, possessing vertebral column to support the body, 4. It should retain the embryonic gills throughout the life for bronchial respiration, 5. It should have both the paired and unpaired fins for locomotion, which must be always supported with the branched and un-branched fin-rays. But starting from the unicellular animal protozoa, all invertebrates and vertebrates representing almost the entire animal kingdom do have a life in water. In fact animals from all Phyla namely: the Protozoa, Porifera, Coelenterata, Annelida, Arthropoda, Mollusca, Echinodermata, Chordata and other minor phyla are adopted for an aquatic life. But all aquatic animals inhabiting in water, invertebrates and vertebrates, cannot be confused to be termed as the fish from scientific point of views. The representatives of the Class: Pisces, Sub-phylum: Vertebrata of the Phylum: Chordata, are only called as the fish, from scientific angle.

Fishery “Fishery” is neither the study of fish, nor the science of fish, nor the culture of fish, nor the catching of fish. The study of fish is called as ‘Ichthyology’ like the study of birds called Ornithology, of insects Entomology and so on. Similarly the science of fish is called as Fisheries Science and the culture of fish is Fish-Culture/Pisciculture, farming of fish is Fish-Farming, catching of fish is Fish-catching/fishing. Then what ‘Fishery’ is? The term “Fishery” was first used in the popular English literature, sometime before 1615. The term is used variously to denote: 1. The place for catching fish i.e., the fishery resource. 2. The business of catching fish i.e., fishing business. 3. The method or practice of catching fish; i.e., fishing methods. 4. The right to take fish from certain place or particular waters i.e., fishing right. 5. The aquatic region in which a certain species of fish lives i.e., fish habitat. 6. The habitat that supports the propagation and sustenance of fish i.e., aquatic ecosystem/ water body. 7. The workplace where fishes are caught processed and sold. 8. The area of a water body from which human food organisms are taken or could be taken for human consumption or subsistence, on recreational or commercial basis. The food organisms include the fish, shellfish, crustaceans, amphibians and other aquatic organisms. As per the Chambers Dictionary 1901, Fishery means: 1. The business of catching fish 2. The place of catching fish

6

Fisheries Legislation

3. The right of fishing 4. The hunting of fish. As per the Oxford Dictionary 1924, Fishery means: 1. The business of fishing, 2. The fishing ground. It will be evident from the facts that even without fish being involved at all, fishery is possible. Fishery may be taken to mean as an enterprise/establishment/industry concerned with the development/management/production/utilization of aquatic product: non-living (e.g., Pearlfishery/Chank-fishery/Salt-fishery/Lime-fishery) or living: plants (e.g., Sea-weed-fishery of Tuticorin/Makhana-fishery of North Bihar) or animals (e.g., whale fishery/fur-seal fishery/dolphin fishery/penguin fishery/crustacean fishery/molluskan fishery/sponge fishery etc). Therefore in nut-shell: “fishery can be defined as the economic exploitation of aquatic product”.

Fisheries The plural term ‘Fisheries’ is therefore the commercial exploitation of all the aquatic products. If it is a single product it is called as fishery, sum total of all the products then fisheries. Anything and everything that can be harvested/ exploited from water for human delight/subsistence/trade/commerce/ business/profit is categorized under the broad term ‘Fisheries’. As such fishery is used as a singular term to denote the exploitation of a single product/specimen/resource/catching method, whereas, fisheries are a pleural term i.e. a collective expression: indicative of sum total of all the activities/ an aggregate of resources/catching methods/aquatic products/parameters/species and so on. In short, fishery as a term is a singular expression, where as fisheries is the plural term, a collective expression. Fisheries, being one of the oldest human professions, need emphasis. People are attached with fisheries since the beginning of life on the mother Earth but unfortunately there are little improvements in this sector as compared to its age. Fishing profession is always considered as a low profession and ignored in almost all over the World, despite the potential hidden within it. However, the broad discipline of ‘fisheries’ is essentially constituted mainly by at least two distinct activities, namely: the capture/wild-hunting/exploitation of aquatic products naturally nurtured in the aquatic ecosystem (Capture-fisheries/Fishing) and the culture/cultivation/ farming/ husbandry of aquatic biota by human endeavor (Culture-fishery/ Aquaculture). A. The former Capture-fisheries i.e., the exploitation (wild hunting) of aquatic biota (fauna/ flora), is one of the oldest professions of human race and is believed to be as old as human civilization itself. This had been adopted by the wild-man for the obvious reasons, as an alternate source of food supply, apart from hunting of wild animals and gathering of forest produce. Therefore, fishing is one of the earliest occupations of the primitive man, adopted for satisfying the increasing food need from the natural resources, as a subsidiary avocation next to hunting. However, it is based upon assumptions only in the absence of suitable evidence and fishing continued through generations, initiated long before the dawn of the recorded history. The fishing implements fashioned by the primitive man are now available as antiques in form of spears, arrows, harpoons, crude-nets, which are almost the same, utilized for hunting of the wild-animals.

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Archaeological evidences such as discarded fish-bones and cave-paintings: show that aqua-foods were important for the survival of the pre-historic man and consumed in significant quantities. Therefore, it is presumed (in the absence of recorded history) that, the wild man on the horizon of civilization, has stepped into water to catch his aquatic prey, when land based food was scarce for him. Thus hunting of fish has been necessitated as the “necessity being the mother of invention” and fishing has been continued through the ages, by way of traditional inheritance of the art. During the pre-historic era, the people lived a hunter-gatherer life-style and were constantly on move in search of food and they were almost always associated with fishing as alternate source of food. But, even though fishing is very ancient, evidences of fishing as far as only 40000 years back is available. For the understanding of the common man in very simple term, fishing is the art of catching aquatic life-forms from their natural habitat. Fishing is defined as ‘the exertion of all those activities, which with or without the aid of more or less appropriate tools, aims at the catching of the aquatic fauna from water resources’. The term ‘catching’ means ‘restraining/securing/capturing the aquatic fauna, by restricting their freedom of movement or even by killing them’. At the outset, the wild-man utilized spears/arrows/harpoons for hunting of fish, which was only possible, when the fish was visible to the naked eye from outside, due to the transparency of water. But in the muddy/turbid waters of the rivers/streams, especially during the monsoon, these attacks by spears was not possible, so fishing by the aid of boats/nets came into existence. Man started observing the natural behavior of the fish such as: assembling at particular place for feeding, migration in shoals, trapped in shallow waters and so on. Then he started fishing by obstructing their natural passage by rock-pilling, by transplanting tree-barriers with fiber made crude-nets, by dragging crude-nets of desired mesh size, made up of tree-barks and so on. Thus, the capture fishery being a very ancient activity has laid the foundation of the fishing industry and can be considered as the fore-father of the modern fisheries and aquaculture industry.

Fig. 1.2. Fishing by Small Wooden Boat and Cast-net

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Fisheries Legislation

The capture-fishery is constituted essentially by 2 distinct components, namely the inlandfishery, which can be approached/managed/exploited from the land and the marine-fishery, i.e., the fishery of the seas and the oceans. The Inland Fishery is constituted by the Lacustrine Fishery (Fishery of the Lakes and Reservoirs), the Riverine Fishery, the Estuarine Fishery and the Marine Fishery is constituted by the In-shore Fishery, the Off-Shore Fishery and the Deep-sea Fishery in the Sea. B. The latter i.e., the Culture-fishery i.e. rearing/farming/cultivation/husbandry of aquatic biota is comparatively a recent innovative avocation of the modern man, in which a desired crop is harvested after a period of rearing (gestation period), by adopting definite package of practices. This resembles agriculture/horticulture or such other crop/animal husbandry avenues, directed towards harvest/production of choiced food/commercially important species. Rearing of an organism in compete controlled conditions, by holistic human interventions is called as culture. As such rearing of life-forms in aquatic medium is known as aquaculture, rearing of fish is fish-culture/ pisciculture, of prawn prawn-culture, of crab crab-culture and so on. Thus, aquaculture as a branch of fisheries is solely devoted for rearing of aquatic organisms either for pleasure/recreation or for the economic gain in form of profit/trade/commerce.

Fig 1.3. A Typical Pisciculture Farm

Strictly speaking, true culture is possible only in the closed water system of an indoor aquarium, where all the essential ingredients required for the maintenance and sustenance of the life-forms under rearing, like the dissolved oxygen for the respiratory need, food for the sustenance and growth and the waste-disposal for the ecological well-beings etc. can be completely controlled and regulated by human interventions. As one will be resorting to outdoor waters of the cement cisterns, small impoundments like ponds and tanks, by gradual increase of area; human control over the various ecological parameters will be gradually reduced and nature will play an

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increasing role. Obviously with the increase of water-area, the culture-fishery through a phase of management-fishery will be completely transformed into capture-fishery with gradual reduction of human control and the dominance of nature’s role over the ecosystem. Pisciculture/ Fish-Farming is an age old practice and China is the birth place of fish farming and recorded history of pisciculture in China dates back to 1000 BC. But the history of Pisciculture in India is not clearly known, due to the absence of recorded evidence. However, rearing of fishes in the temple tanks for aesthetic value is a very old tradition in India, which is still adopted in different regions. Japan is the birth place of scientific fish farming, where as in India fish farming technology with real scientific back ground was adopted in the post-independence era, during the 2nd half of the 20th century. Based upon the inherent salinity of water, aquaculture is classified under Fresh-water aquaculture with the water salinity below 0.5 PPT, Brackish-Water aquaculture with salinity ranging between 0.5 up to 30 PPT and the Mariculture with the salinity ranging from 30 to 35 PPT or even more. Again based upon the inherent temperature regime of the water resource, fishery may be Cold-water fishery i.e., water temperature regime below 20°C throughout the year (E.g. Fishery of the hill-streams, high altitude lakes), Warm-Water fishery i.e., water temperature above 20°C throughout the year.

Fisheries: the Resources Inside Another Resource: Water Water is precious, protect it.

– (Fishery Legislation/Management)

Water is pleasant, enjoy it.

– (Ornamental/Recreational fishery)

Water is productive, utilize it.

– (Aquaculture and Capture Fisheries)

Water is peculiar, understand it.

– (Fishery Science/Aquatic Research).

Water: scenic, serine and sublime, is an eternal gift of nature regarded as life, since hardly any life-forms can flourish without it. The above popular saying elucidates the importance of water, which is integrated with the aquatic-wealth concealed within. In fact, the first life on the planet earth was evolved in the aquatic environment itself. Water resources are the invaluable gift of nature, to nurture the entire living-world on the global ecosystem. Besides being an eternal cleaner capable of neutralizing all the wastes/poisons created by the multifarious human/natural activities, it conceals the vast and varied fisheries resource enveloped within, apart from the huge mineral wealth. It is for this reason only; seas/oceans are named as “Ratnakar” (store-house of gems) in the Hindu mythology. “A resource is defined as a thick concentration of naturally occurring (living/mineral) materials in or on the earth, in such a huge form/concentration that; economic extraction/exploitation as a commodity; is partly or potentially possible”. Therefore, water is a vast dynamic resource in itself from all considerations, containing the huge mineral wealth and the interesting and ever-changing living resources within. Water as a resource has multi-faceted utilities, besides being the chief source of drinking-water; it is utilized for numerous economic needs like irrigation, navigation, industrialization, waste-disposal, hydropower generation, fisheries and so on. With the increasing pressure on the limited global landmass for various human activities with the advancement of science and technology, water in various forms (snow/glaciers, streams, rivers/rivulets, ponds/tanks, lakes/reservoirs, sea/ocean,

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Fisheries Legislation

ground-water etc.) in the years ahead, appears to become a major source/opportunity for livelihood earning/income generation option/avenue.

Fig. 1.4. Water: Scenic, Serine and Sublime is Regarded as Life Concealing the Aquatic Wealth within

The vast and varied fisheries resource is a hidden, mobile, migratory, renewable and sensitive resource, enveloped within another invaluable resource i.e., water, without which, its very existence is not possible, since “water is the high-way, bye-way, communication medium, nursery, school, playground, room, bed, board, drink, toilet and grave for the fish” (Lagler-1962). Therefore, while discussing the legislative framework connected with fish and fisheries, along with the role of its various stakeholders, the existing rules and regulations concerning the water as a resource has to be focused with all sincerity, since fisheries without water cannot be conceived at all.

1.3 SUPERIORITY OF FISHERIES OVER OTHER FOOD PRODUCING AVENUES As much as 71% of the global surface being covered by the ocean, fishery sector offers a tremendous scope for economic prosperity; by efficient exploitation of the aquatic wealth. In reality, countries with greater efficiency of harnessing the oceanic wealth are more prosperous than poor-nations with limited capability. India being a developing country with limited means, fisheries sector has not been emphasized to the extent it commands, in spite of its convenient location in the Indian Ocean, very rich aquatic biodiversity and bountiful natural resource base available.

A. Advantageous Features of Fisheries In recent years, due to population explosion, there is an urgent need to solve the food and malnutrition problem, faced by a large stratum of the population, grappling amidst wants below

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the poverty line. The problem is being aggravated day by day with increase of human activities over the limited land mass (only 29% of the global surface), by narrowing of the cultivable land space available for food-production from crop/animal husbandry practices. As such, fisheries development has to be prioritized day by day, due to its superiority over other primary food producing avenues, like the crop/animal husbandry etc., on account of the following advantageous features:

1. Oldest Profession of Human-Race The wild-man on the ‘horizon of civilization’ has stepped into water to catch his prey, when land-based-food was scarce for him, on the principle of ‘necessity being the mother of invention’. Thus wild hunting of fish was prevalent during Stone-Age also, as an alternate avenue of food supply for the pre-historic man and the art of fishing has continued through generations by way of traditional inheritance of the art. As such fishing antedates its origin during pre-historic era, being ‘as old as human civilization itself’. Therefore as per the Hindu-mythology, it has been appropriately depicted as the first incarnation ‘Matsya-Avatar’ (Fish-Form) out of the 10 incarnations (‘Dasavatar’) of the “All-Mighty God”. Unfortunately this oldest profession of human race, which has sustained the primitive man over centuries, much earlier to the adoption of crop/ animal husbandry practices; has been largely neglected; even though it has tremendous potentialities; to counter the alarming problems of food security/malnutrition and underemployment/unemployment, puzzling everybody at present.

2. Three-Dimensional Productivity Even the layman understands that production/productivity in most of the primary food producing enterprises like agriculture; horticulture etc., is invariably computed in term of quantum per unit of area (tons per hector). This is due to the fact that production of crops/cereals/pulses/ fruits/ vegetables/animals yielding flesh/egg/milk etc., are dependent upon the primary production/ vegetation grown on the land surface only, over which they graze, grow and flourish. But production in fisheries sector (especially in farming sector), is assessed in term of quantum per unit of space (viz., tons per hector meter), since productivity in this sector is three-dimensional. The entire water column collectively is responsible for augmenting production and productivity; through the solar energy derived and assimilated in organic production. As such, it is needless to indicate here that, aqua-farming for its 3-dimentional productivity, yields much more in cash value, compared to all other form of food production through plant/animal husbandry.

3. Diversity of Aquatic Organisms Fishes are most numerous among the vertebrates, constituting above 40% of the vertebrate kingdom. More than 20,000 strains of fishes have been identified and classed so far. Moreover, apart from fishes, there are numerous other organisms belonging to almost all the phyla of the animal kingdom, which are adapted to lead an aquatic life. India is home for more than 10% of the global fish biodiversity with over 2200 species of fishes alone, in the marine and inland waters, apart from other strains of aquatic fauna and flora. Hence as a resource base, fishery is superior to all other forms of conventional food production avenues, due to the fact that it offers greater varieties/

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4. Vastness of Aquatic Resources

5. High Nutritive Value

Fisheries Legislation

Fish and Fisheries

6. Foreign Exchange Earning Avenue

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Fisheries Legislation

During 2010-11, India’s exports of 813091 tons of sea-foods have earned US $ 2.85 billion. Vannamei shrimp (P. vannamei), the exotic South American shrimp and the Black tiger shrimp (P. monodon), along with Squid and Cuttlefish constituted the main bulk of export. The highest revenue earner was shrimp (44.17%), fish being the 2nd largest export item (20.42%) of the total revenue. Top export destinations were EU (26.78% in revenue), followed by South East Asia, China, US, Japan and West Asia. Exports from India to the US market grew by a whopping 50% increase compared to the previous year. The table below indicates in brief the year-wise export earnings from export of fishery products from India. During 2011-12, 862021 tons of sea food export from India crossed ` 15000 crores mark (16597.23 crores) and 3.5 billion US dollars (3508.45 million) with a growth rate of 6.02% in quantity, 28.65% in rupee value and 22.81% growth in US $ earnings. Similarly during 2012-13 also, the aqua-food export from India, has touched new heights in quantity, rupee-value and US $ terms. Total export of fish and fishery products aggregated to 928215 tons valued at ` 18856.26 crores, i.e., 3511.67 million US $, surpassing the records of the previous years. Financial Year

Quantity of Export (in MT)

Export Value in US$ (Million)

Export values in Indian ` (Crores)

2011-12

862021

3508.45

16597.23

2012-13

928215

3511.65

18856.06

2013-14

862500

5225.00

31459.00

2014-15

1051243

5511.12

33441.61

2015-16

945892

4687.94

30420.83

2016-17

1134948

5780.00

37370.90

7. Counters the Food and Unemployment Problem As has been indicated in the foregoing paragraphs, the fisheries resource is one of the richest gifts of nature. Apart from the vast capture fishery resources in form of sea, lakes, lagoons, rivers, canals, estuaries, back-waters etc., with the advancement of human civilization, numerous manmade reservoirs, tanks and ponds have strengthened the resource base over years of endeavors. These resources are very widely distributed and in every corner of human habitation there must be a water body. In case these water sheets are utilized for productive purposes by introduction of fisheries, it will not only maintain the hygiene of the water body itself but will counter the malnutrition problem ensuring food security, apart from solving the unemployment/ underemployment problem.

B. Advantages in the Culture Front

1. Widest-distribution of Cultivable Resources For any culture operation, availability of cultivable space is a prime pre-requisite; to which aquaculture is not an exception. Since water is regarded as life, there is no human habitation without a water source nearby, irrespective of whether it is of flowing or stagnant type, natural

Fish and Fisheries

2. Wide-Variety of Package of Practices for Aqua-farming

3. Aquaculture Needs Less Labor

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In the extensive fish farming widely practiced in the village tanks (taken on short term lease from the Gram-panchayats/local bodies/institutions), apart from watch and ward, release of fish seed is the only annual operation, without any feed nor manure, final harvest by end of the lease period is possible. In the composite poly-culture operation, apart from watch and ward, daily feeding and periodical manuring requires very less man-hours, unlike other farming operations (especially in agriculture), involving even strenuous sweat-laden labor. Even in the most advanced form of aqua-farming, aeration and water-exchange being mechanically operated, strenuous human labor is hardly essential at any stage.

4. Efficiency in Food Conversion ‘Fishes are most efficient among the farm animals in converting agro-wastes into nutritious protein’ (Jhingran-1974) and constitute the ‘cheapest animal protein available in the world’. As such no other husbandry practice other than fish/shell-fish can yield more economic return per unit of space/ time. In fish farming the important inputs fish seed costs from only 5 paisa (10 mm) to 50 paisa (100 mm.) each, depending upon size. It is the package of practices (low/ high cost technology) adopted by the farmer, which converts this tiny baby fish to grow up to ½ kg on an average at the end of the year, even without feed/fertilizer costing ` 50/-@ ` 100/- per Kg in the most conservative estimate. Thus the money invested in fishery sector has the propensity of multiplication from 100 to 1000 folds in a year, which is perhaps the highest among all the culture practices devised so far in the modern technology. The farming avenue is still more remunerative in prawn/shrimp farming. Obviously ‘where there is gain there is always risk’, since in this sector mostly the living, sensitive, hidden, mobile, migratory and renewable organisms are involved.

5. Productive Utilization of Wastelands The areas over the global land mass, those are unfit for any purpose (viz., agriculture, human habitation, animal husbandry etc.) i.e., the marshy lands and swamps, are well fit for aqua-farming. Marshy-swamps or waste wetlands, road-side/rail-side borrow-pits, in fully derelict/semi-derelict conditions, are the excellent resources for pisciculture, which except harboring mosquitoes, yield nothing for human benefits. This is especially relevant for the coastal marshy lands in the intertidal zones, which due to its inherent salinity are neither suitable for cultivation nor for human habitation, but are best suited for the dollar-earning shrimp-culture, by utilization of these waste wet-lands.

6. Less Prone to Diseases The causative factors for diseases are the pathogenic microbes, which are mostly the gifts of unhygienic environment. Water is regarded as the eternal cleaner i.e., the most common natural cleaning agent used for washing/rinsing of all dirty materials, to ensure normal health and hygiene. It is the mother water, which nurtures all the aquatic organisms, as such these organisms are always maintained neat and clean in natural way. Moreover, there are fishes that are specially adapted to lead a life in the most adverse conditions in the swamps, in partly or fully derelict conditions, completely choked with weeds, by developing accessory respiratory organs. On the other hand, aquatic organisms by feeding upon the detritus, benthos, suspended particulate materials, including microscopic animalcules; helps in maintaining the water clean

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and tidy. Therefore, until and unless the water is polluted/contaminated with the pathogenic microbes, the aquatic organisms inhabiting within, are not supposed to be affected by diseases in normal condition. However, if at all, a fish residing in polluted environment is contaminated with any disease causing pathogen harmful for human health, the Indian cooking system is such that the microbes will be definitely sterilized at the boiling point of the cooking oil. Moreover, larvivorous fishes (like Osphronemus gauramy, Gambusia affinis, Tinca tinca etc.) by feeding upon the mosquito larvae, rather control many mosquito transmitted dreaded diseases like Malaria, Filaria, Kala-jar, Influenza etc.

7. Resistance to Natural Calamities Pisciculture, unlike other crop/animal husbandry practices, is not very prone to the vagaries of the nature. In case of flood or draught, agriculture/horticulture operation results in total croploss forcing the farmer to sustain severe financial loss. But in fish farming in case of flood, even though there is complete inundation of the farm ponds resulting in escape of the cultivated stock in captivity, even though the farmer loses his crop, the nation/state is never at loss. The fishes under captivity are only dispersed widely over a considerable area without sustaining any mortality, which are used/captured subsequently by somebody other than the farmer. Rather by such liberation from captivity, the cultivated stock by very wide dispersal achieve better growth by getting ample of natural food and physical exercise. Similarly in the advent of draught conditions, there is altogether no harvest in case of plant husbandry unlike Pisciculture, where there is some harvest even though the size of the cultivated stock at the time of harvest is below the expected size range, due to the short gestation period. Since fish/prawn has a ready market for all its size ranges, compete loss is dispensed with and the farmer use to get back at least the capital invested in the procurement of the stocking materials. This is because of the fact that in the crop husbandry practices, there is a gestation period from the day of sowing up to the harvest to allow the seed to germinate, grow and mature, where as in aquaculture the seed material is a full-fledged organism of smaller size suitable for consumption at any stage of its growth irrespective of size.

1.4 SPECIALIZED FEATURES OF FISHERIES Since fisheries and aquaculture deals with the aquatic products, which are hidden, mobile, migratory, renewable, living and sensitive in nature, involving high element of risks and uncertainty and are available inside water of common property nature, despite all the advantageous features fisheries do possess as enumerated above, as a primary food producing avenue, it is also accompanied with the following special features, often regarded as the demerits; which warrants special attention/timely action to be tackled:

1. A Hidden Resource Unlike all other plants and animals under husbandry practices, where the plants/pets reared are always under visual observation; fishes/all other aquatic biota, are totally hidden being concealed inside water. The very survival of these aquatic fauna/flora without/away from water is not at

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all possible. Therefore at the advent of any physical/chemical/biological set-backs, such as pollution, predation, pest-attack, disease-infection etc. it is not possible to visualize the problem instantly from outside, for adopting urgent remedial measures to prevent the loss. As such, one should be more vigilant and wise to tackle these unforeseen problems, of course, of very rare in occurrence.

2. A Mobile Resource Over the land-mass, most of the plants are sedentary and pet animals under husbandry, can be secured under captivity to a desired point/location. But the aquatic organisms like fishes/ shellfishes are always mobile, capable of changing their position in search of food/shelter/defense from the predators, nooking corners for catching their prey, building nests for propagation, moving away from pollution/danger and so on. Special attention and constant vigil should be focused to these mobility characteristics.

3. A Migratory Resource Fishes are not only hidden and mobile but they are also migratory in habit, performing long distance seasonal migration. Migration is defined as the mass movement of animals in definite season, in definite direction for definite purpose. It is meant for the accomplishment of definite biological needs like feeding, breeding or over-wintering, which are all seasonal activities and accordingly called as the feeding/breeding/over-wintering migration. Even though, this specialized feature is hardly relevant for aquaculture, it has tremendous impact on the capture fisheries sector. Depending upon the direction of mass-movement, migration may be anadromous, when fishes (Hilsa, Lamprey, Sturgeon, Salmon) from the sea enters the fresh-water for breeding or catadromous migration, when inland fishes (mullets, eels, prawns) moves sea-ward for spawning. Similarly aquatic fauna do migrate in search of food or to get rid of severe cold, called as the feeding and over-wintering migrations respectively. It is this biological phenomena i.e., migration, which is responsible to make the fish stock flourish and renew by fresh recruitments, with seasonal abundance and uncertainty in catch. As such for sustainable catch, thorough knowledge regarding the migratory habits of fishes is very much essential.

4. A Renewable Resource Aquatic fauna and flora like all other organisms have an inherent propensity to reproduce and propagate in nature. As such, their number in the congenial ecosystem is bound to increase in geometric progressions. Therefore, in both the culture and capture fisheries management, this special feature is to be borne in mind with all sincerity, for efficient management and assured returns. Otherwise managerial inputs administered for an estimated population, may yield no/ negative returns in case; the estimated number in the water body is increased or reduced beyond the adjustable limits.

5. A Highly Sensitive Resource Aquatic organisms as living resources are obviously very sensitive to the external stimuli viz., physical/chemical/biological/climatic. So any erratic changes in the normal environmental

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parameters like salinity, temperature, density, pollution, predation etc. beyond the tolerable limit will be fatal, which may lead to even mass-mortality. Therefore constant vigil and concerted effort to counter these adverse situations is warranted.

6. A Common Property Resource Large capture fishery resources, especially the open water bodies like the reservoirs, rivers, estuaries and seas are of common property nature, whose effective occupation is not at all possible. As such on the principle of “every body’s property is nobody’s property” its due care and up-keep is always neglected. Secondly in the common property resources “fish belongs to nobody until it is captured”. Therefore catching efficiency among the intending fishermen creates economic disparity, resulting thereby conflicts and confrontations. For example fishes in the rivers or high sea transversing more than one state/nation will be the property of the state/nation, who would capture them first. Alternatively, where economic interests of more than one group/state/nation are involved, greater cooperation among them is essentially required, to avoid conflicts and confrontations among the various stakeholders.

7. A Perishable Commodity Fish inhabiting in water is hidden, mobile, migratory, renewable and sensitive, with seasonal abundance, but the moment it is taken out of water it is highly perishable i.e. it dies and starts decaying. It has to be consumed within stipulated time, otherwise it will be spoiled; (unless it is cured/preserved/processed by adopting appropriate post-harvest technology), rendered unfit for human consumption, rather will create health hazards by putrefication. Therefore, fishery sector warrants complex and costly post-harvest techniques like drying, salting, smoking, icing, freezing, canning etc.

8. Seasonal Abundance The fishes like other animals, use to increase their numbers by fresh recruitment, through natural propagation. They also perform seasonal migration to fulfill definite biological needs. This migratory habit and renewable nature of the fishery resource, results in seasonal variation of fish stock, which is a natural phenomenon. As such, the fishermen dependent upon/associated with their exploitation for earning their livelihood/business are obviously remunerated in a fluctuating trend depending on these seasonal features. This seasonal abundance creates economic disparity among the dependant fishers, since against the more or less stable consumers’ demand in the fish market; erratic supply of fish and fishery products creates wide price fluctuation.

9. A High-Risk Avenue Fish catching from deep water bodies is always accompanied with high element of risk, sometimes even involving life risks. It has been estimated by the Royal School of Economics, London that mining is the most risky land job among all the land based human activities, but marine fishing is estimated to be 4 times more risky than mining. As per the statistics from ILO, IMO and FAO, on an average 24,000 fatal deaths and 24 million non-fatal accidents happen annually in the fishing industry.

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The fatality rate in the fishing industry is very high, estimated at 80 to 100 thousands per annum, which is 79 times higher than the overall annual occupational fatality rate over land. For these obvious reasons, fishery is very remunerative on the principle of “where there is risk there is gain”.

10. High Element of Uncertainty Aquatic living resources are hidden, mobile, migratory, sensitive and renewable in nature with seasonal abundance. As such fishing is always accompanied by high uncertainty, so far as the assured return from their economic exploitation is concerned. The fishermen venturing into the sea, is never assured to return with a bountiful return always, in spite of his best efforts and expertise, even though he use to endanger his life, along with the investments made for the fishing craft, gear and implements.

1.5 CULTURE FISHERY COMPARED TO CAPTURE FISHERY Taking into account the above special features of the capture fishery, especially the elements of seasonal abundance, risk and uncertainty, common property nature, the practice of aquaculture was developed, since growing of fish in the ponds is more convenient, than fish catching from natural waters. In fishing not only the quality and quantity of catch fluctuates due to seasonal abundance, but the fisherman is not assured of get the type of fish intended by him, in term of size and variety having potential market demand. Even there may not be any catch at all some time, in spite of his best efforts and expertise, what to speak of the variety and size of capture. Aquaculture is intended to harvest reliably the species of choice with good consumers’ preference and marketability. It is easier to get fish from culture ponds than to catch it from wild waters with great deal of risks and uncertainty. The number of fish maintained and taken out of a pond can be controlled. But it is not possible to know how many fishes can be captured from a natural resource at any time. When the farmer goes to his fish pond, he is assured to take out the number and variety of fish he needs easily, unlike the natural waters, where catch is uncertain. Only choiced varieties of the fishes can be grown in ponds, when the fishes are taken out, the farmer knows what kind and size he will be getting in future. On the contrary, when he catches fish in the natural waters, many of the species will not be the choiced ones to eat/sell. Thus the demerits of fisheries enumerated above can be obviated to a great extent in aquaculture: 1. The hidden characteristics of fisheries cannot be obviated, since fish is concealed inside water and the very survival of any aquatic organism without/away from water is not possible. 2. The mobility feature of most aquatic organisms can be countered to a great extent, since the cultured species can be secured to definite locations/culture ponds by barricading beyond which their movement is restricted. 3. The migratory behavior of the species under cultivation is also curtailed in culture practice, since the cultured species are barricaded inside the culture space/ponds. 4. The renewability of the species by self-multiplication is also restricted to great extent except few species capable of breeding in stagnant water (Tilapia, Common-carp).

Fish and Fisheries

21

5. The sensitivity of the cultivable species to drastic fluctuation of physical/chemical/ biological/climatic parameters can be well tackled in culture operation by effective management. 6. The common property characteristic is totally obviated in aquaculture, since fish in the culture ponds belong to the farmers but the fish in the natural waters belongs to nobody until it is captured. 7. The perishable nature of the output in aquaculture operation is best tackled by the manipulation of the harvest because cultured species have ready market demand. Accordingly, the harvest from culture ponds can be well planned as per the scope of marketability of the output. 8. Seasonal abundance due to migration and self-multiplication (except few pond breeding species) is not possible at all. 9. The risk of life and property i.e., fishing implements is out of question in aquaculture. 10. The uncertainty factor in capture fishery is also not possible in aquaculture operation. When the farmer goes to fish pond, he is assured to take out the number of fish he needs easily, unlike the natural waters with high risk and uncertainty.

Fig. 1.5. Fishing in any forms Reaps Pleasure apart from Livelihood, Profit, Employment, Food and Nutritional-security with Foreign Exchange Earnings

22

Fisheries Legislation

Unit

2

FISHERIES LEGISLATION 2.1 PRELUDE Any “Developing industry” will record only a stunted growth or perish soon, if proper planning, organization and control do not exist. The aquaculture and fishing industry are not the exceptions. Rather this is more relevant in relation to fisheries, since this sector deals with mostly the living, sensitive, hidden, mobile, migratory, renewable and perishable products, involving great deal of risk and uncertainty, with common property nature of the resources, necessitating legal implications for sustainability. As such, legislation in fisheries sector is a prime tool for assured return on a sustainable basis, by ensuring proper planning, organization and control over the resources, exploitation methods and the activities of the various stakeholders associated. Fish and fisheries are important resources world over for food security and economic prosperity but excessive human pressures severely threaten their biodiversity and abundance. There is an urgent need to improve the knowledge-base underlying their sustainable management. Scientific research reveals how aquatic organisms are adapted to their environment and the causative mechanisms underlying their distribution and abundance.

2.2 THE IMPORTANCE OF LEGISLATIONS Populations of aquatic organisms sometimes dwindle or skyrocket depending upon the suitability of the ambient ecological conditions, availability of food, extent of exploitation pressure and various other natural factors. Natural populations of organisms have to be monitored in order to protect species from endangerment or extinction. Regulations help to ensure that we have fish and other aqua-foods now and preserve them for our future generations. Human beings have the largest impact on the living systems of many species and therefore, we must take care when we interact with these systems. Streams, lakes, rivers, estuaries, bays and oceans exist in a fragile balance that can be enjoyed not only by us but by our descendants, if we are careful. This doesn’t mean that we can’t harvest aquatic animals from their ecosystem but it does mean that we must understand how removing the animals will affect the ecosystem. Predators naturally control the population of the species they prey upon, to the extent the

Fisheries Legislation

23

environment can support. Fishers must use a little common sense to do the same, harvest only fishes that the environment can afford to lose, let the survivors go; they have won the battle with their environment and so will their off-springs with luck. Sometimes doing the long-range right thing is painful, but we don’t own the environment, we only inherit and watch over it for our children. Every fisher must use their own judgment and apply their own morals, basically don’t capture without thinking about the results first. With increasing population and greater pressure on the aquatic environment, Government intervention in fishery activity is necessary to maintain sustainable use of the natural resources. Most fishery resources especially the capture resources: like lakes, rivers, seas and the world oceans, transversing many states/nations are common properties in nature, opened for all and impossible for effective occupation. In these “Common property resources” on the principle of “every body’s property is nobody’s property”, fish belongs to nobody until it is captured. Therefore, catching efficiency among the intending fishers creates economic disparity. For example: fishes in rivers or high seas transversing more than one nations will be the property of the nation, who will capture them first. Alternatively, where economic interests of more than one states/nations are involved, conflicts and confrontations are inevitable for the economic gains. To avoid conflicts and confrontations between the intending fishers, greater cooperation among them through regulations is essential. Thus fisheries legislation is very much essential to ensure equitable exploitation of the common property resources without breach of rule, ensuring proper social order. The fishery science, the science of fish and fisheries is an integral part of aquatic communities and aquatic eco-system, involving both the fauna and flora. Human interest over the aquatic community is on that part which is harvestable. The harvestable part, that is directly and immediately can be brought into use; is called as the resource, which is of 2 distinct categories: 1. The living resources (organisms) are renewable in nature. 2. The nonliving resources (materials) are non-renewable. However, to what extent, these living resources are renewable is quite difficult to ascertain. Moreover, so far as fisheries are concerned, the living resources are resources contained within another resource namely: water. The utilities of water as a resource are multifarious namely: 1. It is a convenient medium for transport. 2. It is eternal since it receives the basic pollutants created in the land, by various natural and human activities. 3. It is a source of mineral materials: hard minerals like salts, chemicals, manganese-nodules and soft minerals like natural oil and gases. 4. The living resources are mainly divided into two, the herbivorous feeding upon the plants and the carnivores feeding upon the animals. These resources have to be acted upon by human interventions to generate money. In the “Concept of Economics” water, along with all its aquatic wealth, as a factor of production, is categorized under the broad head “land”, being a free-gift of nature. Basically exploitation of

24

Fisheries Legislation

fisheries wealth from the vast and varied aquatic resources was opened for all freely and this “freedom of fishing” was based upon the 3 fundamental assumptions: 1. Capture fishery resources are not susceptible for effective occupation 2. Fisheries resources are inexhaustible in nature being renewable 3. Specific use of water does not necessarily impair its other uses. In the days of yore, these assumptions were holding good, when human pressure on the aquatic world was negligible due to less population, limited need of the people and absence of technological innovations. But due to ever-increasing pressure on the aquatic world, due to the population explosion, these 3 fundamental assumptions were proved to be erroneous by the gradual advancements in science and technology, indicated by the decline in catch, necessitating legislation for effective management, with international cooperation in fisheries. By the progress of civilization and population explosion, the food need has accelerated beyond the sustainable production and human endeavor is in ever-increasing trend for exploiting the hidden treasures of the vast aquatic world. The expanse of the global landmass being limited as compared to the water, with land and water ratio 21:79 in term of area on the global surface; per capita land availability is gradually becoming narrower by increase of human population and their economic and social activities. The available landscape for food production is also narrowing over years, both in term of expanse and scope for the various primary food producing avenues like agriculture, animal husbandry etc. For obvious reasons, the land would be more and more scarcely year after year, to support the increasing food need of the teeming millions. Therefore, added importance has to be focused on fisheries, as an alternate means to harvest food from the vast aquatic world, both in term of area and volume, since there is 3-dimesional productivity in fisheries. Thus the importance of fishing industry is bound to increase in coming years and economic prosperity can only be achieved through sustainability by suitable legislative mechanism. Barney in 1980 has forecasted that “If the present trends continue, the world after 2000 AD will be more crowded, populated, ecologically unstable and vulnerable to disruption, than the world we live in now. Serious stresses involving pollution of resources and the environment are clearly visible ahead. Despite greater material output, the people will be poorer in many ways than they are today. For hundreds of millions of the desperately poor, the outlook for food and other necessities of life will be no better. For many it will be worse. Barring revolutionary advances in technology, life for most people on the earth will be more precarious after 2000 AD than it is now, unless the nations of the world act decisively to alter the current trend”. The added stress and focused attention on the exploration and exploitation of the aquatic resources by the increase in the fishing fleet at present has resulted in: 1. Over-fishing leading to stock-depletion, stunted growth of the population and low CPUE, (which may lead to extinction of some species ultimately) like the Fur-seal fishery of the North-Sea, Whale fishery in the high sea, Halibut fishery in the Pacific, Salmon fishery in the Fraser River. 2. Low CPUE leading to disguised unemployment (finally unemployment) and lower rate of return impairing the prosperity of the industry. E.g. Trawl-fishery of India.

Fisheries Legislation

25

3. Over capitalization by way of the idle concentration of the capital, in form of specialized fishing crafts and gears, as in case of the Fur-seal fishery of the North-Pacific, Tuna fishery of the high sea, Whale fishery of the ocean all round the world. 4. The global fish biomass has gone down so much that, it is not possible to harvest the expected catch per effort achieved earlier, in spite of the technological advancements. 5. As per the UN Report-2008, jointly produced by the World Bank and the FAO under the caption ‘The Sunken Billions: the Economic Justification for Fisheries Reform’, the global fishing fleets incur annual economic loss of 50 billion US $ due to stock-depletion and poor management. Therefore, there would be no change in the total volume of catch, in case; half of the present global fishing fleet is scrapped. By improving the present marine fisheries management, the balance half of the present fishing fleet can capture substantial part of this 50 billion US $ annual loss. Thus, by comprehensive regulatory mechanism, the fisheries sector could be the base for economic growth by creating alternative livelihood avenues. Simultaneously, not only a nation’s natural capital could be greatly increased in the form of fish stocks but the negative impacts of fishing on the marine environment could be reduced significantly.

Objectives of Fishery Legislation Fishery legislation should be in the hands of authorities, fully aware of the problems and practices relating to the aquaculture and fishing sector, with special reference to some distinguishing features related to fisheries, which are quite different than other food producing sectors as detailed below:

1. Common Property Nature of the Resource The fishery resources are of common property nature, on the principle of “every body’s property is no body’s property”, involving greater management problems to check and monitor.

2. High Risk and Uncertainty Fishing from deep waters is always accompanied with high element of risk, sometimes even involving life risks. Moreover, catch is also uncertain due to seasonal migration and climatic/ latitudinal variation.

3. Share System The states/nations are to exploit their share of fishes, since fish belongs to nobody until it is captured, especially in the water sheets of common property nature, transgressing more than one states/ nations.

4. Complex and Costly Marketing Techniques Fish being highly perishable needs capital-intensive post-harvest care like: curing/ icing/freezing/canning and such other sophisticated post-harvest processing/preservation technology.

26

Fisheries Legislation

5. Greater Need for International Cooperation Especially for the international waters like ocean, sea, lakes and rivers touching more than one nations, there has been greater need for international cooperation.

6. Hidden, Mobile, Migratory and Renewable Character of the Resource Fishery resource is concealed inside another resource i.e., water. Moreover it is always mobile, migratory and renewable, with element of hunting and predation.

7. Highly Capital-Intensive Industry The sector needs lot of initial capital investment for farm excavation in aquaculture, acquisition of fishing crafts and gears for fishing, highly sophisticated post-harvest preservation technology.

8. Coordination of Different Disciplines of Science Fishery being a multi-disciplinary science, coordination among different disciplines is essentially required for the overall success.

9. Socio-Economic Backwardness of the Fishers’ Community The work-force for fishing needs skill up-gradation by training and awareness. The fishers are among the most vulnerable sections of the society with illiteracy and superstitions.

10. Seasonal Fluctuations There has been great deal of seasonal fluctuations in the fish catch, consumers’ demand, market trends etc., which are the prime causes of acute poverty of the fishers. Unregulated indiscriminate fishing pressure lead to a chaotic situation of stock depletion, in which aquatic fauna are harvested before their first natural recruitment cycle. Fisheries regulations are in place to make the optimal profit from sustained harvest of the biotal stock, by securing stock replenishment by self-propagation. Therefore, fishery legislation is the tool to solve the above problems to bring about order and normality to the aquatic ecosystem by way of efficient management and control. The principal objectives of fishery legislation are: 1. To harvest an assured crop on sustainable basis, equivalent to the extent of the maximum sustainable yield (MSY), even up to the point of no profit no loss. 2. To reduce conflicts and confrontations among the various stakeholders involved in the various sectors of the fishing industry of different countries. 3. To impregnate order in the socio-economic status of the fishers, by increased and assured production and safeguarding of their interest. 4. To encourage the entrepreneurs of the industry to invest more in the sector by the gradual economic prosperity through better returns from their efforts. 5. To establish equitable ecological conditions in the over-exploitation-prone area.

Fisheries Legislation

27

Thus, fishery legislation is the key for the steady development of the fishing industry, by better administration, planning, coordination and control in all the different sectors involved.

Meaning and Definition Aquaculture and fisheries have direct influence on the economy of many nations including India. Due to multiple utility of water, aquaculture and fisheries activities often create controversy. To settle these conflicts/disputes i.e., to regulate, monitor and control the various activities, restrictions/rules/regulations/acts/notifications are formulated, which are broadly called as the legislations. Legislation (i.e. statutory law) is the law which has been promulgated (enacted) by a legislature/other governing body or the process of making the law. Legislation is defined as the act of making laws, before an item of legislation becomes law, it is known as a bill. Legislation can be described as the enforcement of certain set of rules and regulations over a particular system/systems, in order to achieve the defined objectives by way of efficient management and control. The fisheries legislation aims at enforcement of certain rules and regulations prescribed suitably based upon sound scientific principles, in the fishery/fishing industry with the aim of achieving sustainable production with optimum production cost, to make available fish to the consumers in prime condition throughout the year, by the way of responsible and sustainable management of different activities of the industry. The rules and regulations for the management, utilization, development and protection of fisheries resources and fish habitats, together with the management of aquaculture activities, helping to prevent depletion of stock, extinction of endangered aquatic organisms and for related purposes: is called as the fisheries legislation.

Basic Terms Connected with Legislation Legislation is regarded as one of the 3 main functions of government, which are distinguished under the principle of division of powers. Those who have the formal power to create/enact legislation are known as legislators; the judiciaries have the formal power to interpret the legislation; the executives are responsible to act/enforce within the powers and limits set by the law. Legislation can have many purposes: to regulate, to authorize, to proscribe, to sanction, to grant, to fund, to declare, to protect or to restrict.

1. Bills It is a proposal presented by the Government with no legal sanctity, until it is voted by the elected members of the legislature, in both the houses of the Parliament/Assembly and signed by the President/Governor.

2. Acts Bills become acts, when they are voted by the legislature and approved by the President/Governor and acquires legal sanctity/status for enforcement, it is otherwise called as the laws also.

28

Fisheries Legislation

3. Rules The acts/laws when enforced by the government become rules, which the concerned persons, places, parties or enterprise have to obey, are called as the rules/regulations. Thus, it is a form of secondary legislation, used to implement the primary legislation appropriately or to take account of specific factors/circumstances arising during the process of implementation of the primary legislation. Regulations are legal restrictions promulgated by government.

4. Ordinance In the matter of urgency, regulation which is directly issued by the government for enforcement to save delay, without presenting it to the legislature (which would otherwise have taken considerable time). However, such ordinance/notification have to take post-facto approval of the legislature within the stipulated time frame.

5. Policy A policy is a plan of action to guide decisions to achieve rational outcomes. Policy differs from rules or law, while law can compel/prohibit actions, policy merely guides actions to achieve desired objectives. Policy is whatever government/organization choose to do or not to do (Thomas Dye).

Division–II

INTERNATIONAL REGULATIONS

Unit

3

INTERNATIONAL REGULATIONS ON FISHERIES 3.1 PRELUDE Fisheries and aquaculture make significant contributions to the world’s wellbeing and prosperity. In the last few decades, world fish food supply has outpaced global population growth and today fish constitutes an important source of nutritious food and animal protein for much of the population world over. In addition, the fisheries sector provides income and livelihoods, both directly and indirectly, for a significant stratum of the world’s population. Taking into account the family members and dependents, almost 540 million people, or nearly 8% of the world population, depend upon this sector for their livelihoods. Fish and fishery products are among the most traded food commodities worldwide, with trade volumes and values reaching new heights year after year and expected to boost on rising trends, with the developing countries to account for the major bulk of the world exports. The vital contributions from fisheries and aquaculture to the global food security and economic growth remain constrained by an array of problems, like poor governance, poor management regimes, conflicts over the use of the natural resources, the persistent use of traditional fishing methods and aquaculture practices, failure to incorporate the priorities and rights of the small-scale artisanal fishers. Since the 1950s, global fish production is declining in respect of specific commercially important species. Fishing efforts have increased their reach and capacity and now operate even in the remotest corners of the globe. This uncontrolled expansion, coupled with fragmented governance, weak enforcement machineries and harmful fishing methods encourage overfishing, thereby resulting in massive reduction in the commercial catch. In many areas, small-scale artisanal fishers are to compete against the large-scale entrepreneurs in a race to capture the remaining fish for their food security and livelihood options, rather than for commercial profit.

3.2 NEED OF LEGISLATION Fragmented governance and weak enforcement are common even along the ocean’s most regulated and accessible coastlines. Beyond the 70% of the ocean under the national jurisdiction (EEZ), the high seas (30%) remain as everybody’s property.

32

Fisheries Legislation

The void in the high-seas governance creates unsustainable catch using bottom-trawling and other destructive fishing techniques. More than one billion people depend on seafood as their primary source of protein and food security for millions of the coastal residents depends entirely on their local fisheries. As these fisheries continue to decline due to destructive intensive fishing, these people will be forced to search for food and livelihoods elsewhere. We can already see this happening in West Africa, where illegal immigration to Europe is at an all-time high as a result of collapsing coastal fisheries. Overfishing of some popular food fishes (such as cod, halibut, salmon etc.) has resulted in declines so dramatic that they are no longer readily available to the consumers. In some cases, fisheries have completely collapsed and disappeared entirely. Fisheries regulation is a necessity to ensure the availability of aqua-food as a source of protein now and in the future and to allow people, especially living in the coastal belt to retain their livelihoods. Improved high seas regulatory policies will regulate fisheries on the global scenario and prevent further declines in the fish stocks. Improved nutrition and food security will benefit the population. Successful models for sustainable fisheries management and marine protected areas in coastal areas will inspire replication around the world. Sustainable trade in aqua-food sector will reduce threats to the ecosystem, help businesses to commit to environmental sustainability and raise awareness about the negative impacts that removing adult fish has on the health of the overall ecosystem. The legislation in fisheries sector is based on the fundamental principle that “fish belongs to no one until it is captured”. Thus due care, protection and maintenance of the aquatic resources have not received separate attention until the intended catch become scarce, as compared to the increasing human need due to the population growth. The fishery resources are renewable by way of self-propagation naturally and a sustainable yield can only be achieved, if protected and managed judiciously, basing on the sound biological, technological and economic information’s by a well-defined policy regime. Natural laws have been followed through the ages, in respect of fishery and in the early Roman law, fishes were placed under the category “Res-nullius”, which means ‘it belongs to no one’. Even now the fishery legislation in respect of the high-seas is based on this natural law. On the above principle, fishing was regarded as a fundamental right of mankind since time immemorial, irrespective of caste, creed and religion world-over. The international waters are regarded as the common heritage of mankind i.e. common property resources, based on the following concepts: 1. Freedom of fishing 2. Freedom of navigation 3. Freedom of flying over the high seas and 4. Freedom of laying submarine cables and pipelines. However the above concept of freedom of fishing was based on the following guidelines: 1. The fishing grounds cannot be effectively occupied 2. The fishery resources are inexhaustible being renewable by natural recruitment 3. Specific use of the ocean cannot adversely affect its other uses. But due to gradual scientific and technological advancements, coupled with the increasing need and greed of the growing population, the inexhaustible nature of the living resources has

International Regulations on Fisheries

33

been proved to be erroneous, since volume of the exploited biomass has exceeded the volume of incremental growth of the population. Therefore the following restrictions were imposed: 1. Fixation of the territorial limits 2. Declaration of the exclusive economic zone (EEZ). These restrictions were based on the principle that the nations must exercise the freedom of fishing with reasonable regards for the interest of other nations, guided by the following considerations: 1. Freedom of fishing by all nations on the high seas, the common heritage of mankind, 2. The maritime nations must actually exploit the resources within their territorial limits, 3. The living resources of the high seas are not subjected to formal ownership until they are captured, 4. Fishing in the high seas is subjected to a minimum of restriction/regulations. With the increase in the seaward activities of the mankind over years, like off-shore oil exploration, distant water fishing, military operations etc. maritime nations inconsistently extended their respective coastal limits, ranging from semi-enclosed bays, harbors, to large sections of the sea. This was 1st challenged by Hugo Grotius, a Dutch Lawyer during 1609, who argued that “sea is the common heritage of the mankind because that which cannot be effectively occupied cannot become anybody’s property”. This creeping jurisdiction became an everyday affair, especially after the World-War-II.

3.3 HISTORY OF FISHERIES REGULATION WORLD-OVER Fisheries have occupied an important place in the economic structure and food security of many countries around the world throughout the history. The Black-Sea fishery was the chief food source for the Phoenician and Greeks; Spanish and Sicilian fishery for Rome; the North Sea herring fishery for the Hanseatic League; cod fishery for England and the Pacific fishery for Japan and so on. For this reason fishing right was the basis of controversy for long time. In the modern fishing industry such disputes are generally settled by arbitration or treaties. Fishing rights that were enjoyed by the American colonists on the entire Atlantic coast were confirmed in the Treaty of Paris (1783), but the right to dry fish on the New-found-land coast and on the settled parts of the Labrador and Nova Scotia coasts was expressly denied. The outbreak of the War of 1812 led to a new treaty in 1818 that further restricted the American rights. This convention was replaced by the reciprocity treaty of 1854, which abolished all restrictions except for shellfish. But disputes continued until 1910, when the North Atlantic Coast Fisheries Arbitration at Hague ended the prolonged controversy. Canada and the US in 1923 and 1930 signed agreements regulating the halibut-fishery of the North Pacific. In 1882, UK, Germany, France, Denmark and Belgium signed the North-Sea Fisheries Convention, which ended lawlessness in that area by granting a mutual right of visit, search and arrest to the public vessels of the treaty powers. A similar treaty, regulating the fishing banks off Iceland and the Faeroe Islands, was signed by UK and Denmark in 1901 and 3 years later AngloFrench rights in the North Atlantic were set forth in a convention. The fisheries of the Pacific have also been the subject of many international agreements, such as the Japanese right to fish in specified sections of the Siberian waters, first granted by the Treaty of Portsmouth in 1905 and continued by later agreements.

34

Fisheries Legislation

To stabilize international rules governing the national rights in the oceans, the United Nations convened the Conference on the Law of the Sea in 1974; one of its concerns was to protect fisheries. The oceans have long been used as a dumping ground for wastes but pollution levels in the open seas as well as coastal areas have risen sharply, thus endangering fisheries. Another threat is the over-fishing, which in some areas has severely depleted the stock; major predatory species such as sharks, tuna and cod, which are also highly desirable as food fish, dropped by the early 21st century to almost 1/3rd of their levels as it was 100 years before. In 1996, the U.S. government imposed limits on fishing in the Gulf of Maine and Georges Bank, in order to protect the declining fishing industry. In 1999 restrictions were imposed along the Atlantic and Gulf coasts to conserve depleted stocks of shark, tuna and marlin. Over-fishing is not limited to seas off the developed nations; the Java-Sea in Indonesia, for example, has been fished to the point, where local fishermen cannot depend on the catch sufficient to feed their families. For many years, most countries recognized a 12-nautical-miles (22-kms) exclusive fisheries zone, but the rise of fleets of factory-vessels that could catch and process huge quantities of fish, severely reduced the catches. The Law of the Sea Treaty-1982, (in force from 1994) established a 200-nautical-miles (370 km) limit, inside which countries had the exclusive right to regulate fishing and in 1997 the United Nations set a 200-nautical-miles territorial zone to protect its fisheries. The United Nations in 1999 sponsored a nonbinding agreement among sea-faring nations, to address the problem of over-fishing world-wide, by reducing the size of their fishing fleets. International efforts to protect marine resources have also involved the hunting of whales, for the oil that can be extracted from their flesh (whale oil was economically the most important), for meat and for whalebone. Early Whaling for subsistence dates back to prehistoric times. The International Whaling Commission-1986 outlawed most of the whaling activities but some countries refused to comply.

3.4 THE TERRITORIAL WATERS In 1635 John Selden in his book “Mare Clausum” stated that sea by the law of the nations, is not common to all men but capable of private dominion of the maritime nations (Christy & Anthony Scott-1965). The Dutch Jurist, Cornelis van Bijnkershoek-1703 argued for limited authority over the coastal waters, which can be defended from the enemy and the width of the territorial water should be the distance a cannon could shot (subsequently approximated in the cannon law). Moreover, the territorial water should be within the sovereign jurisdiction and control of the maritime nation concerned, since it has the right to protect its maritime boarder to be infringed upon by the foreigners to safeguard its own citizens and sovereignty. The limit of the territorial water was 1st suggested by Galani, an Italian thinker in 1707. He approximated the extent cannons can shot to be 3 nautical miles (1 marine league or 3.45 miles or 5.5 km), as such; he suggested that the extent of dominion of the maritime nation over their coastal waters should be limited to 3 nautical miles from the approximate coast line. This was called as the ‘Cannon Law’ specifying 3 nautical miles sovereign jurisdiction of the maritime nations over its territorial water and was appreciated and accepted by many maritime nations. Gradually the extent of the territorial water was extended by various nations by disputes over fishing grounds in the bays and gulfs and other such irregular coastal water bodies.

International Regulations on Fisheries

35

Present Territorial Limits of Various Nations of the World Territorial waters, as per the international law, are that area of the sea immediately adjacent to the shores of a country, subjected to the territorial jurisdiction of that nation. The sovereign jurisdiction of various maritime countries over its territorial waters is mainly derived from the Cannon’s Law1707 indicated above, in which up to 3 nautical miles from the approximate coast line was originally prescribed. But various nations have successively modified their limit of jurisdiction over their territorial waters, in different times due to increase of their seaward activities. Territorial waters or territorial sea, as defined by the 1982 United Nations Convention on the Law of Sea (UNCOLS), is the belt of coastal waters extending at most 12 nautical miles (22 kms or 14 miles) from the baseline (usually the mean low-water mark) of a coastal nation. The territorial sea is regarded as the sovereign territory of the nation, although foreign ships (both military and civilian) are allowed innocent passage through it; this sovereignty also extends to the airspace over and seabed below. The term ‘territorial waters’ is also sometimes used informally to describe any area of water over which a state has jurisdiction, including internal waters, the contiguous zone, the exclusive economic zone and potentially the continental shelf. However the present extents of the territorial waters of different countries of the world are as follows: S. No. 1.

Extent

Name of the Nations/Countries

None

Bosnia and Herzegovina

2.

3 knots (5.6 kms)

Jordan, Palau, Singapore

3.

6 knots (11.1 kms)

Dominican Republic, Greece, Turkey, etc. – 16 nations

4.

12 knots (22.2 kms)

Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Brazil, Brunei, Bouvet Island, Bulgaria, Cambodia, Cameroon, Canada, Cape Verde, Chile, China, Colombia, Comoros, Cook Islands, Costa Rica, Cote d’Ivoire, Croatia, Cuba, Cyprus, Korea, Congo, Denmark, Djibouti, Dominica, Egypt, Equatorial Guinea, Eritrea, Estonia, Faroe Islands, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Kenya, Kiribati, Kuwait, Latvia, Lebanon, Libya, Lithuania, Madagascar, Malaysia, Maldives, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Monaco, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nauru, Netherlands, New Zealand, Nicaragua, Nigeria, Niue, Norway, Oman, Pakistan, Panama, Papua New Guinea, Poland, Portugal, Qatar, Korea, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Syria, Thailand, Timor-Leste, Tonga, Trinidad and Tobago, Tunisia, Turkey, Tuvalu, Ukraine, UAE, UK, Tanzania, USA, Uruguay, Vanuatu, Venezuela, Vietnam, Yemen, Slovenia

5.

30 knots (55.6 kms)

Togo

6.

200 knots (370kms)

Benin, Congo, Ecuador, El Salvador, Liberia, Peru, Somalia

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Fisheries Legislation

3.5 THE CONTIGUOUS ZONE The contiguous zone is a band of water extending from the outer edge of the territorial sea up to a distance of 24 nautical miles (44 km) from the baseline, within which a state can exert limited control for the purpose of preventing or punishing “infringement of customs, fiscal immigration or sanitary regulations within this territory of the coastal sea”. This will typically be 12 nautical miles (22 km) wide, but could be more (if a state has chosen to claim a territorial sea of less than 12 nautical miles) or less, if it would otherwise overlap another state’s contiguous zone. However, unlike the territorial sea, there is no standard rule for resolving such conflicts and the states in question must negotiate their own compromise. The present limit of the contiguous zone from the approximate coast line declared by various maritime nations of the world is as per the following table: S.No.

Extent in knots

Name of the Nations/Countries

1.

None

Albania, Bahamas, Barbados, Belize, Benin, Bosnia and Herzegovina, Brunei, Cameroon, Colombia, Comoros, Congo, Cook Islands, Costa Rica, Ivory-coast, Croatia, Congo, Ecuador, El Salvador, Equatorial Guinea, Eritrea, Estonia, Fiji, Georgia, Germany, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Iceland, Indonesia, Iran, Ireland, Israel, Italy, Jordan, Kenya, Kiribati, Kuwait, Latvia, Lebanon, Liberia, Libya, Lithuania, Malaysia, Mauritius, Micronesia, Monaco, Montenegro, Netherlands, Nigeria, Niue, Palau, Papua New Guinea, Peru, Philippines, Poland, Sao Tome and Principe, Singapore, Slovenia, Solomon Islands, Somalia, Suriname, Sweden, Togo, Tonga, Turkey, Ukraine, UK, Tanzania

2.

14 knots

Finland

(25.9 kms) 3.

15 knots

4.

18 knots

Venezuela

(27.8 kms) Bangladesh, Gambia, Saudi Arabia, Sudan

(33.3 kms) 5.

24 knots (44.4 kms)

Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Belgium, Brazil, Bulgaria, Cambodia, Canada, Cape Verde, Chile, China, Cuba, Cyprus, Denmark, Djibouti, Dominica, Dominican Republic, Egypt, France, Gabon, Ghana, Haiti, Honduras, India, Iran, Jamaica, Japan, Madagascar, Maldives, Malta, Marshall Islands, Mauritania, Mexico, Morocco, Mozambique, Myanmar, Namibia, Nauru, New Zealand, Nicaragua, Norway, Oman, Pakistan, Panama, Portugal, Qatar, Korea, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and Grenadines, Samoa, Senegal, Seychelles, Sierra Leone, South Africa, Spain, Sri Lanka, Syria, Thailand, Timor-Leste, Trinidad and Tobago, Tunisia, Tuvalu, UAE, USA, Uruguay, Vanuatu, Vietnam, Yemen

6.

200 knots

Democratic People’s Republic of Korea

(92.6 kms)

International Regulations on Fisheries

37

3.6 THE EXCLUSIVE ECONOMIC ZONE (EEZ) During 1970s, the ‘demand for the distributive justice’ i.e. sovereignty of various nations of the world over their coastal waters was in increasing trend, for the exploration and exploitation of the marine resources. This resulted in the extension of the coastal jurisdiction, apprehending destructive exploitation of the marine resources outside the narrow territorial limits of various maritime nations, by the highly industrialized distant water fishing nations. The need for such extension is also due to the ‘geographical imperatives’ the wish to develop and manage the coastal as well as the off-shore resources by the maritime nations themselves. These 2 moral forces in combination “the demand for the distributive justice” and the influence of the “geographical imperatives”, especially the latter resulted in the formulation of the 200 nautical miles exclusive fishing zone around the world (Johnston D M-1981). Galindo pahel-1974, a Norwegian delegate is the 1st man to designate these 200 nautical miles extended Coastal waters as the “Exclusive Economic Zone” (EEZ), at the UNCOLOS-1974, participated by 142 nations of the world. USA was the 1st nation to declare 200 nautical miles EEZ during 1945 unilaterally, followed by USSR and other Latin American and African nations like: Peru, Mexico, Norway, Canada, Iceland etc. An exclusive economic zone (EEZ) extends over a distance of 200 nautical miles (370 kms) beyond the baselines of the territorial sea, thus it includes the territorial sea and the contiguous zone. A coastal nation has control over all the economic resources within its exclusive economic zone, including fishing, mining, oil-exploration and any pollution of the resources. However, it cannot regulate or prohibit passage or loitering above, on, or under the surface of the sea, whether innocent or belligerent, within that portion of its exclusive economic zone beyond its territorial sea. Before 1982, coastal nations arbitrarily extended their territorial waters in an effort to control all the activities, which are now regulated by the exclusive economic zone, such as offshore oil exploration or fishing. Indeed, the exclusive economic zone is still popularly, though erroneously, called a coastal nation’s territorial waters. India declared its EEZ over 200 nautical miles of coastal waters, by passing the Maritime Zones Act during 1976, notified on 15th January 1977. The success of NIO scientists lead by Dr. S Z Qasim, the then Director NIO, in collection of poly-metallic nodules from the EEZ and outside in the India Ocean on 06.01.1981 made India among the developing countries capable of ocean mining. The poly-metallic nodules are gray to black potato-shaped nodules with average weight of 200 grams, which contains Ni, Cu, Co, Mn, Fe and traces of Au, available in the depths ranging from 3600-4500 meters, with the concentration of 2.5 kgs per square meters, with the total estimated resource of 2000 million metric tons. The Legal Regime of the EEZ involves the need of suitable legislation on the following aspects: 1. Anti-poaching regulations to prevent illegal poaching of marine resources by the foreigners 2. Joint-venture policy for economic exploitation of the resources of the EEZ 3. National environmental policy to safeguard the marine environment

38

Fisheries Legislation

4. Marine pollution legislation to prevent pollution 5. Coast guard act for policing of the area under the EEZ 6. Marine protection research for proper understanding of the marine ecosystem 7. Deep-water exploration and exploitation policy for the offshore high seas 8. Fisheries conservation and management policy to protect the endangered biota’s 9. Ports and harbors safety regulations to ensure vessel safety 10. Costume and illegal immigration act to prevent infringement. The Advantages of the extended EEZ are: (a) Increased area for fish production and other economic activities (b) Exploration and exploitation of mineral and oil resources of the sea-bed (c) Facilitate scientific investigation and marine research (d) Increased employment opportunities (e) Prevention of marine pollution The Disadvantages resulted by the declaration of the EEZ are: (i) Freedom in the high sea, the common heritage of mankind was restricted (ii) Interests of the non-maritime nations were ignored/curtailed (iii) High-sea area is reduced to only 30%, 70% being covered under the EEZ (iv) Sweeping jurisdiction, since the oceanic water cannot be effectively demarcated, predicting international breach of peace. (v) Under-exploitation of the oceanic-wealth by the under-developed and developing countries and over-exploitation by the developed nations.

3.7 DEVELOPMENT OF INTERNATIONAL REGULATIONS IN FISHERIES SECTOR Even though fragmentary rules to suit to the specialized needs and the local problems were in existence in different counties/nations around the world, the Cannon law-1707, specifying the extent of the territorial water up to 3 knots under the sovereign jurisdiction of the maritime nation, laid the foundation of the International Fisheries Regulations. The older and weaker principle of ‘freedom of the seas’ concept of the early 18th century, with limited national rights over a specified belt of water (only 3 knots) extending from a nation’s coastline, was frequently violated. All waters beyond the territorial belt were considered international waters free for all nations, but belonging to none of them (the principle of every body’s property is no body’s property i.e. mare liberum principle promulgated by Hugo Grotius). During early 20th century, many nations desired to extend their maritime jurisdiction to exploit mineral resources, protect fish stocks and enforce pollution control regulations. Using the international law principle of a nation’s right to protect its natural resources, President Truman in 1945 extended US control over all the natural resources of its continental shelf (Trueman’s proclamation). Other nations during 1946-1950, like: Chile, Peru and Ecuador extended their

International Regulations on Fisheries

39

sovereign rights over 200 nautical miles (370 km) and few nations extended their limit of territorial seas up to 12 nautical miles (22 km). By 1967, only 25 nations were left with the old 3 knots (5 kms) territorial limit, while 66 nations set 12-knots (19 kms) limit and 8 had 200 nautical-mile (320 kms) limits. By 2008, only 2 countries: Jordan and Palau had the 3 knots (5 kms) limit. The United Nations Convention on the Law of the Sea (UNCLOS) finally set agreements between the world nations to arrive at a consensus. The broad history of international regulations/treaties on the laws of the sea can be glanced through from the table below: Year

Details of Regulations

1707

Enactment of the ‘Cannon law’ to define the territorial limit of 3 nautical miles (the extent a cannon can be shut from the approximate coast line), up to which there would be the sovereign authority of the maritime nations.

1930

Codification Conference convened by UN, to define the territorial limits but no unanimous decisions could be arrived at. So cannon law continued except in Sweden which extended its territorial limit to 4 nautical miles.

1956

UN convened International Conference on Laws of Sea (UNCOLOS) at Geneva, to define continental-shelf and territorial fishery limits, the conference prepared a draft to be discussed in the next conference

1960

International Conference on High Seas at Geneva, for defining fishing right of various maritime nations in the international waters but much progress could not be made

1966

An attempt was made to define fishing limits in the international waters on the basis of depth

1973

UNCOLOS – United Nations Conference On Laws Of Sea at Newyork.

International Treaties on Laws of the Sea before 1945 The international treaties signed before World-War-II, i.e., 1945, were mainly dealing with the oceanic surface and pelagic resources rather than the sea bottom. The treaties were signed mainly to solve the local problems like congestion of vessels in operation, conservation of resources and vesting of fishing rights. 1. North-Sea Treaty-1882—North-sea treaty was signed between UK and other countries for registration of vessels, uniformity of gears, aiming at avoidance of congestion of vessels, with provisions for searching the fishing vessels by the neighboring countries. 2. North-Fur-Seal Treaty-1911—North-fur-seal treaty, the first international treaty to address the conservation of marine wildlife was signed, due to the dispute between UK and USA for conservation of the fur-seals in the Atlantic, signed by UK, USA, USSR and Japan, fishing right was vested with UK and USSR with provision of share to Japan and USA. 3. Peace of Paris Treaty-1923—In the Peace of Paris Treaty fishing right was delegated by France to UK on the exploitation of the Gulf of Saint Lawrence. 4. USA-Mexico Treaty-1925—In the USA-Mexico Treaty fishing right was delegated to Mexico by USA over the Gulf of Mexico to avoid over-capitalization.

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Fisheries Legislation

International Treaties on Laws of the Sea after 1945 During 1945, after the 2nd world war nations demanded more sea-floor for the ocean mining and oil exploration. There was settlement between Britain and Vengurla for the sea-bottom area and settlement between Australia and Srilanka to transfer right of exploitation of pearl oysters from the Gulf of Mannar. 1. Truman’s Proclamations-1945—There was unilateral proclamation by the USA for revitalization of the laws of the sea, for oil exploration in Panama coast with absolute power over the coastal waters up to 200 meters depth on the continental shelf with permission for the innocent passage of the ships and submarines of other countries. 2. Declaration of Vast Territorial Waters-1950—By the year 1950, American counties like Chilly, Peru, Ecuador declared unilaterally the extended limit of up to 200 nautical miles as their territorial waters.

United Nations Conference on Laws of Sea 1. United Nations Conference on Laws of Sea (UNCOLOS-I), Geneva, 1956-58—The Geneva convention was held for the proper coordination on the laws of the sea, for the conservation and sea-bed exploitation, attended by only 58 maritime countries and the following decisions were agreed to in 1958: (a) Convention on the territorial waters and contiguous zone—Up to 6 nautical mile territorial waters and next 6 nautical mile contiguous zone, with free and innocent passage of vessels, which came into force from 10 September 1964. (b) Convention on the continental shelf—Area up to 200 meters depth was defined as the continental shelf, with full power over the sea-bed, by the concerned maritime countries with provision for fishing for others, which came into force from 10 June 1964. (c) Convention on the high sea—The area beyond the territorial waters, contiguous zone was accepted as the common property resource with freedom for fishing by any country, which came into force from 30 September 1962. (d) Convention on fishing and conservation of living resources of the high seas— Fishing and conservation of living resources of the high seas came into force from 20 March 1966. Although the UNCOLOS-I was considered a success, it left unsettled the important issue of breadth of the territorial waters. Moreover, the decisions were agreed to by only 58 maritime nations participating in the convention. 2. United Nations Conference on Laws of Sea (UNCOLOS-II), Geneva, 1960—The United Nations held the 2nd Conference on the Law of the Sea but this 6 week-long conference did not result in any new agreements. The developing nations and 3rd world countries participated only as clients, allies or dependents of the US or the USSR, with no significant voice/opinion of their own.

International Regulations on Fisheries

41

3. United Nations Conference on Laws of Sea (UNCOLOS-III), New York, 1973—The 3rd Conference was convened, with more than 160 nations as participants, the conference lasted until 1982. The convention introduced a number of provisions. The most significant issues covered were setting limits, navigation status, archipelagic status and transit regimes, exclusive economic zones, continental shelf jurisdiction, deep sea-bed mining, the exploitation regime, protection of the marine environment, scientific research and settlement of disputes. The convention set the limits of various areas, measured from a carefully defined baseline. The various areas agreed to are as follows: (a) The baseline of sea—Normally, a sea baseline follows the low-water line at the low tide, but when the coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used. (b) The internal water—The internal water covers all the water and water-ways on the landward side of the baseline. The coastal state is free to set laws, regulate and use any resource within the internal water and the foreign vessels have no right of passage within the internal waters.

Fig. 3.1. Graphical Representation of Territorial Waters, Contiguous Zone and EEZ

(c) The territorial waters—The territorial waters should extend up to 12 nautical miles (22.2 kms/14 miles) from the baseline, the coastal state is free to set laws, regulate and

42

Fisheries Legislation

use any resource. Vessels were given the right of innocent passage through any territorial waters, with strategic straits allowing the passage of military craft as transit passage in that, naval vessels are not allowed to maintain postures that would be illegal in territorial waters. ‘Innocent passage’ is defined by the convention as passing through waters in an expeditious and continuous manner, which is not ‘prejudicial to the peace, good order or the security’ of the coastal state. Fishing, polluting, weapons practice and spying are not ‘innocent activities’ and submarines and other underwater vehicles are required to navigate on the surface and to show their flags. Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for their security. (d) The Archipelagic Waters—The convention set the definition of Archipelagic State, which also defines how the state can draw its territorial borders. A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another. All waters inside this baseline are designated as the Archipelagic Waters. The state has full sovereignty over these waters (like internal waters) but foreign vessels have right of innocent passage through the archipelagic waters (like territorial waters). (e) The contiguous zone—Beyond the 12-knots (22.2 km) limit of territorial waters, there is a further 12 knots (22.2 km) from the territorial sea limit, the contiguous zone, in which, a state can continue to enforce laws in 4 specific areas: customs, taxation, immigration and pollution, if the infringement started within the state’s territory or territorial waters or if this infringement is about to occur within the state’s territory or territorial waters. (f) The Exclusive Economic Zones (EEZs)—These extend out to 200 knots (370 kms/230 miles) from the baseline. Galindo Pohl, a Norwegian delegate, for the 1st time designated the name Exclusive Economic Zone (EEZ) extending up to 200 nautical miles from the appropriate base line. Within this area, the coastal nation has sole exploitation rights over all the natural resources; living or mineral. The EEZs were introduced to halt the increasingly heated clashes over fishing rights, although oil was also important. Foreign nations have the freedom of navigation and over-flights, subjected to the regulation of the coastal states. Foreign states may also lay submarine pipes and cables. (g) The continental-shelf—The continental shelf is defined as the natural prolongation of the land mass to the continental margin’s outer edge, or 200 knots (370 km) from the coastal state’s baseline, whichever is greater. A state’s continental shelf may exceed 200 nautical miles (370 kms) until the natural prolongation ends. However, it may never exceed 350 knots (650 kms; 400 miles) from the baseline. Coastal states have the right to harvest minerals and non-living materials in the subsoil of the seabed of its continental shelf, to the exclusion of others. Coastal states also have exclusive control over the living resources attached to the continental shelf, but not to the creatures living in the water column beyond the EEZ.

International Regulations on Fisheries

43

Apart from defining ocean boundaries, the convention established general obligations for safeguarding the marine environment and protecting the freedom of scientific research on the high seas and also created an innovative legal regime for controlling the mineral resource exploitation in the deep seabed areas beyond the national jurisdiction, through an International Seabed Authority on the ‘common heritage of mankind’ principle. Landlocked states are given a right of access to and from the sea, without taxation of traffic through the transit states. The broad consensus agreed upon by the participating nations at the conventions can be highlighted as below: 1. No country have right over the EEZ of others. 2. Free movement of merchant ships, submarines, laying of pipelines, cables etc. 3. Sovereign right of the coastal states over their EEZ. 4. Salmon breeding in coastal waters belongs to the state, even if it migrates to high seas. 5. Unhampered jurisdiction of a state over the EEZ of others with permission for scientific research. 6. Utilization of the high-sea is to be decided by an Administrative Council. 7. For important decisions 3/4th and financial matter 2/3rd majority will be taken. 8. Principles of settlement of boundary of EEZ of countries situated side by side. 9. Determination of high sea area by restricting further extension of EEZ. 10. Difference of opinion due to groupism of the developing countries, to set up an administrative cell for ocean mining, developed countries opined for a separate body. 11. Decided to set up an International Sea-Bed Authority for ocean mining. 12. Financing of this authority will be by the signatories of the UNCOLOS.

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Fisheries Legislation

Unit

THE LAWS

OF THE

4 SEA

4.1 PRELUDE It is a matter of global acceptance that, each coastal nation has sovereignty over an area of the coastal seas, adjacent to its coast and all coastal/ non-coastal countries have the freedom of fishing in the high seas, called as the international water. The exploration and exploitation of the international waters of the high sea has a very long history of international cooperation as well as conflicts. This international confrontation as well as the cooperation is the major cause necessitating the formulation of international laws of the sea and formation of various international fisheries organizations.

4.2 FREEDOM OF FISHING There have been several international conferences on the laws of the sea, emphasizing the freedom of fishing on the high seas. The concept of freedom of fishing on the open ocean is based on the following concepts: 1. The freedom of fishing for all nations 2. Freedom of exploration and exploitation of minerals 3. The freedom of navigation 4. The freedom of flying over the high seas 5. The freedom of laying submarine cables and pipe-lines. These concepts are based on the following basic assumptions, namely: 1. The water of the seas are not susceptible for effective occupation 2. The living resources of the sea are inexhaustible in nature 3. The specific use of the ocean, does not affect adversely the other uses. However these age-old presumptions were no longer of unquestionable validity, due to the gradual scientific and technological advancements, thus not justifying the aforesaid freedom in the high seas.

The Laws of the Sea

45

Restrictions on the Freedom of Fishing Effective control over large areas of the sea and indiscriminate fishing has resulted in many stocks of fishes seriously overexploited, which proved the erroneous concept of the inexhaustible nature of the marine living resources of the high seas. Therefore in this freedom of fishing concept the following restrictions were imposed: 1. Fixation of territorial limits for self defense—varies in different nations – in India up to 12 nautical miles 2. Fixation of contiguous zone for effective control over customs, taxation, immigration and pollution, in India up to 24 nautical miles 3. Declaration of exclusive economic zone (EEZ), up to 200 nautical miles for exploitation of living and mineral resources.

Non-Territorial Restrictions These restrictions are based on the assumption that the nations must exercise the freedom of fishing, with reasonable regards for the interest of other nations; by adopting the following considerations: 1. All nations have the right to be engaged in the fishing operations in the high seas 2. All nations must actually engage in such fishing operations in these resources 3. All fishing operations on the high seas are subjected to minimum of regulations 4. All living resources of the high seas are not at all subjected to formal ownership until they are captured.

4.3 FACTORS INFLUENCING THE MARINE FISHERIES REGULATIONS While formulating the regulations for the marine fishery development and management, the most important factors to be taken into consideration are: biological, technological, economical, social and political factors as discussed here after in brief:

A. Biological Factors 1. Living resources are mobile and migratory unlike the mineral resources, which are located at fixed locations. Because of shortage of petroleum, oil-exploration has been stressed much in the marine legislation and every nation has extended their EEZ. 2. Living resources are renewable, being recruited at regular intervals by self-multiplication and thus are renewable, but the mineral resources are exhaustible. 3. Living resources are of great diversity, which can suit to various industrial conditions and they are of different nutritional value, necessitating processing into various forms. There are pelagic and dimersal species, with anadromous and catadromous migration and with free swimming or sedentary habits. 4. Living and mineral resources are distinguished by: the former being very much sensitive in nature to environmental conditions like salinity, temperature and pollution; the last being much alarming; the latter being insensitive inorganic materials.

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Fisheries Legislation

B. Technological Factors 1. The fishing gears being never selective, sometimes results in adverse effect on other species, when improved fishing methods are adopted for capture of desired species. The glaring example is the dumping back into the sea the bye-catch by the shrimp trawlers. 2. Use of advanced fishing equipments namely SONARs, fish-finders, mechanization of nethandling, new types of gears and twines, modern fish processing technology, use of satellite for locating fish-shoals may result in complete depletion of certain species. 3. Emergence of distant water fishing by factory vessels with facilities of on board freezing, processing and exploitation by number of small vessels taken on board of the factory vessels, leads to depletion of various species by excessive fishing pressure.

C. Economical Factors 1. Exploitation of living resources, are mainly for 2 purposes: for human consumption and for industrial use for producing fish-oils, fish-meal etc. Hence fishing is regulated by the potential demand of fish and fishery products. 2. Fishing efforts are also regulated by the competition of other land based food substitutes like eggs/milk/flesh of domesticated animals and birds. 3. Fishing efforts are also dependent upon the type of catch, because small fishes are less remunerative than the larger fishes due to the market demand, prawn/shrimps/crabs are more costly than fishes due to export demand. 4. Economic considerations also regulate the fishing effort concentrations, for the cost of fishing should be always less than the value of the catch. 5. Rise and fall on the consumer’s preference or choice regulates fishing from sea. For example increased demand for shrimps have concentrated much of the fishing efforts on prawn fishery, even with increased per unit production cost.

D. Social Factors 1. Social factors greatly influence the fishing industry in different ages. In seas subsistence fishing of olden period is now substituted by multinational companies with several factory vessels, independent private business under single man entrepreneurship has been replaced by stateowned and controlled fishing fleets. 2. Even a company with nationals of one country, purchasing vessels from a 2nd country, with crews from 3rd country, registering the vessel in the 4th country is operating the vessel from the 5th country, may land the catch in the base of the 6th country for processing and finally exporting the produce to the 7th country: which predicts the future of international cooperation and brotherhood in future.

E. Political Factors Political factors have a great bearing on the marine fisheries legislation, due to the international conflicts or cooperation. This is due to the fact that living resources of the high seas

The Laws of the Sea

47

have been proved beyond any doubt, as a cheap source of food, employment, national income and foreign exchange earning avenue, throwing light towards a brighter future ahead. The nonliving mineral resources, i.e. soft minerals like oil and natural gas and the hard minerals like poly-metallic nodules have attracted the attention of many nations around the world at present. The narrowing of the global land mass due to population explosion day by day is also another factor for the focused attention of world nations on the vast world oceans for their economic prosperity.

4.4 DIFFERENT ASPECTS OF INTERNATIONAL LAWS OF THE SEA The main aim and objects of the international laws on marine fisheries are to maximize human welfare, to obviate international conflicts/confrontations and to optimize world public order; keeping in view the following 6 most important aspects: (a) Fuller utilization of the marine fisheries potentials (b) Conservation of the aquatic organisms (c) Economic efficiency in exploitation (d) Allocation of catch among various stakeholders (e) Scientific investigation and research (f) Solving the inter-use and intra-use conflicts and confrontations.

A. Full Utilization 1. Instead of aiming at the increased production, there should be priority on the fuller utilization of the catch, by proper and efficient processing and distribution system, which may otherwise lead to restricting fish production, because it can never reach the consumers, even after a sizable catch is achieved. 2. The total world catch is growing up rapidly since the World War-II, 20 million tons in 1950 to 80 million tons in 1980, presently oscillating between 90–100 million tons. 3. Fishing efforts are shifted from high value larger species to smaller less valuable species for which there is a demand for the industrial purpose. 4. The future of fuller utilization predicts that, the present heavy concentration of fishing efforts on the northern hemisphere would gradually shift in future to the southern hemisphere. 5. FAO has estimated the world potentiality of fish catch at 120 × 106 tons, which is within the biological limit (MSY) up to which our efforts can be expanded (Koers A W-1973). 6. Fishing efforts should be restricted within the economical limit (up to NEY) i.e. up to the point which yields profit, which is more than the profit from land based food industries. 7. Catch allocation should be based upon the fishing ability of the nation, for fuller utilization of the living resources. 8. Utilization of man-power and equipments should be most efficient as far as possible to compete with other food producing industries.

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Fisheries Legislation

B. Conservation Full utilization and conservation are not opposing concepts but rather inter-dependant with each other. Conservation is meant for preventing over-exploitation and building up of the livestock biomass. In case of under-fishing also, the carrying capacity of the ecosystem will be at the equilibrium by the natural manipulation of rate of natural mortality and new recruitments. For formulating the conservation measures, the following biological information’s are required: 1. The size of the fishable stock 2. The rate of recruitment and its relation to the parental stock 3. The rate of growth of the species 4. The rate of natural mortality 5. The catch available per unit of effort (CPUE). The various Conservation methods adopted are: (i) Regulation of fishing efforts: (a) Regulations over the size and numbers of vessels (b) Regulations over size, numbers and mesh-size of the gears (c) Regulations over fishing hours/duration (d) Regulations over man-power/efforts over an area. (ii) Regulations for prohibition of over-fishing: (a) Declaration of sanctuaries/spatial closures (b) Declaration of closed season/temporal closures (c) Regulation on minimum size of first capture of different fish below which capture is illegal (d) Prohibition of fishing methods harmful to the fish stock viz. dynamiting and use of other explosives, poisoning and use of other obnoxious materials, use of fixed engines and construction of barriers for preventing the migration fishes. (iii) Miscellaneous measures: (a) Prescribing the limit of catch by volume per day/during a season (b) Prescribing the duration (hours per day or days during a season) of fishing (c) Prescribing the fishing limit (distance) for different types of vessels depending upon size (d) Regulations on over-crowding of fishing efforts i.e. concentration of large numbers of fishing units in a particular area/landing center/fishing harbor. (e) Delimitation of fishing vessels specifying distance from the shore, according to their propulsive efficiency.

C. Economic Efficiency It is a layman’s view that the fishing efforts should be increased up to that point, as long as the cost of fishing will be less than the cost of the catch, so that there will be some amount of profit or at best up to the point of no profit no loss.

The Laws of the Sea

49 M.S.Y. Y

N.E.Y.

C O S T

D

A E

C

-- Cost of Fish Captured B -- Cost of Production

G

O F F Y I E L D O

P

Q

R

X

Cost of Fishing Efforts

Fig. 4.1. Graphical Representation of Economic Efficiency in Fishing

If the cost of the fishing efforts (along X-axis) is plotted against the cost of the yields (along the Y-axis) ODB and OGA: 2 curves are obtained which tells about the following points: OA = Total cost of production OB = Total cost of the total volume of catch At Q the amount of fishing efforts produces the maximum value, called as the Maximum Sustainable Yield (MSY). But the profit out of the process GD is comparatively less than FC, the profit at effort P, i.e. Net Economic Yield (NEY). At P i.e. NEY, a maximum economic efficiency/maximum yield per unit of effort is achieved. Hence OP represents the cost of fishing efforts, which maximizes the economic return from the fishing efforts employed, with FP representing the minimum cost of fishing; while the physical yield reaches its maximum at Q, with a little higher investment for fishing OQ. The economists advice to continue increasing of fishing efforts only up to NEY point to get maximum return FC, with minimum costs of efforts FP. But the biologists advise that fishing efforts should be continued up to MSY point, when maximum physical return DQ is achieved with more employment potentiality, unlike NEY point, which engages less working force in fishing. Due to the over-spreading unemployment problem/disguised unemployment and availability of modern technological innovative, fishing should be continued up to that point, as long as the system produces some amount of profit, may the marginal profit per unit of effort be lesser and lesser. At the point R, the fishing cost equals to the cost of output i.e., break-even-point, up to which fishing can be continued after which there will be only negative returns/losses for subsequent increase of efforts. Therefore, NEY not only results in reduction of employment opportunities but also reaps smaller catches below the MSY level, thus reducing the total production of fishes, leading to natural loss of biomass by the natural mortality in the marine ecosystem, often involving over-capitalization i.e. concentration of surplus manpower and capital in form of fishing crafts, gears and implements.

50

Fisheries Legislation

MSY on the other hand, uses efficiently the man-power and capital in optimum level, yielding profit even though at a comparatively lower rate and produces cheap proteinous food in bulk for the growing population and is thus widely accepted. Even fishing can be augmented up to R, the breakeven point in view of the population explosion, increased food need and more employment potential. Up to this point not only the volume of catch is maximized to solve the problem of food need and malnutrition but a sizable work force will be utilized to counter the unemployment/under-employment problem.

D. Allocation of Catch The term allocation refers to the distribution of living resources among the nations of the world, which is very difficult, a problem. The share of catch for the developing countries was 22% of the total world’s catch in 1958, which was increased to 23% in 10 years during 1968; with only 1% increase in 10 years, which is very much, a misleading statistics. The allocation of catch is determined by many factors: 1. The sea is divided into EEZ (70%) and high seas (only 30%) i.e. the near water and the distant waters of the world oceans. 2. The resource of the EEZ is only harvested by the coastal nations, which can increase this allocation by extending the limit of their EEZ to their own advantage. 3. The resource of the high seas may be harvested by all nations either: (a) By free competition among them, this may lead to over-capitalization in some developed countries and deprivation of the less resourceful nations. (b) By international agreement which again can be done in 2 ways: (i) According to the amount of fishing efforts, which can be provided by them collected statistically basing upon the available fishing fleet of each country, (ii) Determination of allocation by international agreement can be done by dividing the total catch into national quotas, among the nations of the world, which is a direct method and widely accepted. This is also difficult to arrive at an agreement, because the fishing efforts and experience varies among various nations, also due to the statistics of catch, fishing history, fishing efforts statistics, political bargaining. This also leads to the disadvantages like poor technological improvement and insufficient fishing.

E. Scientific Research Decisions with respect to full utilization, conservation, economic efficiency, allocation of catch etc. requires a great deal of information’s concerning all the aspects of marine fisheries, which requires proper scientific research in the field of biology, technology, economics, legal and political studies. Statistics relating to all these fields are to be collected, interpreted and conclusions befitting to all nations, should be drawn rationally. The scientific research is also dependent upon many factors:

The Laws of the Sea

51

1. The collection and interpretation of fisheries statistics should be an international task instead of national interest. 2. Inequality among the fishing nations i.e., developed and developing ones in the scientific expertise and methods. 3. Financial inequality is the main constraints of fisheries research, necessitating the internationalizing of the program. 4. Fisheries research is completely voluntary without general obligation, for which nations cannot be at all compelled.

F. Inter and Intra-Use Conflicts Fisheries and navigation have the longest history of human activities at sea, oil-exploration, navalactivities, under-sea cables, dumping of wastes, marine mining and geology, oceanographic research is of more recent in origin. The multifarious use of the sea at present and many more in future, results in intra-use and inter-use conflicts among the participating nations. Various international organizations are set up so far, aiming at solving carefully all these conflicts in the international arena by taking suitable remedial measures, so as to optimize the world public order for a better tomorrow.

4.5 ANALYSIS AND CONCLUSION Governance for management of fisheries is dependent upon the legal, social, economic and political arrangements used to mange fisheries, which has international, national and local dimensions (FAO-1981). It encompasses legally binding regulations such as international treaties/ agreements, national/provincial legislations, relying on customary social arrangements and national framework for economic activities. Priority on fisheries governance has been focused in past few decades, because the available fish-stocks around the world are harvested beyond their optimum level, resulting in severe stock depletion/collapse of many previously flourishing fisheries around the globe. As the remedial measure, the need for limiting the exploitation of fishes/other allied aquatic biota for protection/ building up of the depleted stock for sustainability ended the open-access system in fisheries throughout the globe, necessitating the organization of various international organizations/ treaties/agreements; bilateral or multilateral.

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Unit

5

INTERNATIONAL FISHERIES ORGANIZATIONS 5.1 PRELUDE The international fisheries organizations are functional organizations, designed to perform specific tasks in the specific fields. The aims and objects of these organizations are to make decisions within their jurisdiction among the international communities, for regulating not only the international laws of marine fisheries but of the high seas in general, either at the regional or the global level (Koers A W-1973). As such, these organizations are working for bettering the world tomorrow, fighting against hunger and poverty worldwide, designed to perform specific tasks mostly operating regionally, rarely global in nature. Above all, 2 factors seem to account for the increasing regulated state of the world’s fisheries activities: 1. First factor is the advent of prospect of overfishing under the impact of highly intensive industrialized forms of harvesting in certain parts of the international waters (i.e., North Sea during the late 19th century), which underlined the need for some degree of international regulations in the field of management and conservation. 2. Second factor explaining the rise of fishing regulations in recent years is a fairly fundamental shift in the concept of equity i.e., equal right of fishing by all the nations of the world in the high seas, which are the common heritage of the mankind (Johnston D M -1981). At present there are more than 30 international organizations in fisheries, working in various regional (mostly), as well as global (very few) level for the promotion, development and protection of fisheries resources in the international scenario. Some of these organizations are advisory in nature while others are regulatory. The area of operation, aims and objects, main functions, success and failure with various nations involved are summed up below:

5.2 INTERNATIONAL COUNCIL FOR EXPLORATION OF SEA (ICES-1962) The problems created by the expansion of the fishing fleets on the North Sea and adjacent waters from the 2nd half of the 18th century necessitated this organization, established during 1962 with the head quarters at Copenhagen.

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Conventions 1. At Stockholm-1894 – 1st preliminary conference 2. At Christiana-1901 – 2nd preliminary conference 3. At Copenhagen-1962 – ICES was formally established 4. At Copenhagen-1964 – ICES conference was necessitated after world war-II and was permanently organized and enforced from 1968, with the head quarters at Copenhagen. Membership—Belgium, Canada, Denmark, Germany, Finland, France, Iceland, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Spain, Sweden, UK and USSR. Aim and object—To encourage and coordinate the scientific research of the member states but rarely with its own investigations. Functions: 1. To promote research for the study of the sea, particularly the living resources 2. To draw up research programs and publish the results. Activities: (a) Collection and publication of hydrographical data’s (b) Standardization of research methods and instruments (c) Collection and publication of statistical information’s (d) Publication of wide variety of studies.

5.3 INTERNATIONAL PACIFIC HALIBUT COMMISSION (IPHC-1923) After world war-I, the construction of trans-continental railway system in USA bridged a part of the Barings Sea, checking the migration of halibut. As a result of this permanent barrier, the halibut fishery in Barings Sea and North Pacific Ocean declined sharply, necessitating the formation of IPHC to conserve and build up the stock of halibut. The 1st agreement was signed on 02.03.1923 which was enforced with effect from 21.10.1924. However, the original agreement was successively amended during 1930, 1937 and 1953 taking into account the specific conservation requirements. Area of operation—North Pacific Ocean including the Barings Sea Formation and Membership—IPHC was signed during 1953, by Canada and USA at Ottawa with a closed season during winter for any fishing operation for halibut fishery. Functions: 1. Investigation of halibut stock and halibut fishery 2. Conservation of halibut stock 3. Making proposals to 2 member nations for regulations for halibut fishing 4. IPHC became successful in rebuilding the stock of depleting halibut, increasing the catch from 44 million pounds in 1931 to 75 million pounds in 1962.

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Reasons for success—IPHC is the most successful regulatory body because: 1. Commission has its own staff (9 scientists during 1970) 2. Have only 2 members Canada and USA with tradition of close cooperation 3. The commission is concerned with only one species i.e., halibut. 4. Active cooperation from the fishing industry of both the countries 5. Non-controversial single task i.e. the conservation and management of halibut fishery Criticism—The commission is criticized for: 1. Over-capitalization by idle concentration of large nos. of fishing efforts during off season 2. Trawling for other fishes is endangering halibut fishery.

5.4 INTERNATIONAL PACIFIC SALMON FISHERIES COMMISSION (IPSFC-1937) The decline in the migratory fish salmon, with anadromous migration, due to landslides caused by the rail-track of the Trans-American Railways in Fraser River after 1913 necessitated the IPSFC. Area of operation—Pacific Ocean including the Fraser River system Membership—Canada, USA jointly signed IPSFC during 1930 but enforced from 1937: Aim and objects: 1. Protection and conservation of salmon fishery 2. To ensure adequate escapement of salmon to their spawning ground 3. To divide the allowable catch equally between the fishermen of 2 member nations 4. Deep sea research. Salient features: (a) Deals exclusively with the regulation of fisheries in internal territorial waters (b) Empowered for allocation of catch between fishermen of both the countries (c) Capable of enforcing decisions directly on fishermen, without the help of the member nation’s governments (d) It has independent internal research staff of its own Criticism: Though IPSFC is capable of rebuilding the stock of salmon, it is silent over economic efficiency, over-capitalization, land-logging, industrial pollutions, municipal sewage pollution, hydro-power dams and other unfavorable ecological constrains for the salmon wellbeing.

5.5 NORTH PACIFIC FUR-SEAL COMMISSION (NPFSC-1957) The arbitration between USA and USSR in 1893 for the capture of Fur-seal necessitated NPFSC, with 2 member nations initially. In 1911, Canada, USA, USSR and Japan signed the convention, with 4 member nations. Area of operation – North Pacific Ocean

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Activities: 1. Protection and conservation of fur-seals. 2. It prohibits capture of fur-seals at sea by pelagic fur-sealing, making USA and USSR, responsible for exploitation and compensation to Canada and Japan for their losses in term of certain number of fur-seal skins annually. 3. Coordination of research program of member nations, designed to find out maximum sustainable yield. 4. Determines the numbers of fur-seals that can be taken for the research purpose. Reasons for success: (a) No private entrepreneurs are involved in fur-sealing (b) Sincere government efforts are concerned in fur-sealing, (c) Enforcing the conservation regulations is very easy (d) Monopolistic exploitation of 4 nations with no further merging of other nations (e) This commission is unique in distribution of shares in wealth of real resources to 2 non-fishing members, without engaging any efforts for its harvest. (f) No international agreement has functioned, so effectively for so many years.

5.6 INTERNATIONAL WHALING COMMISSION (IWC-1924) The decline in the whale catch has necessitated the formation of IWC to conserve the species and regulate the catch but in 1924 some 27 trials failed to produce results. The 1st agreement was signed in 1931 and revised in ‘37, ‘38 and ’39, which also could not protect the species. After world war-II in 1944, limits of 16000 blue-whale units catch was fixed. 1 blue-whale = 2 finwhales = 2 ½ hump-back-whales = 6 Sei-whales. This catch limit was signed during 1946 at Washington and the agreement was enforced from 1948. Area of operation—World oceans south to 40°S latitude. Membership—Argentina, Australia, Canada, Denmark, France, Iceland, Japan, Mexico, Norway, Panama, South Africa, UK, USA and USSR. Activities: 1. To propose amendments to the whaling conventions 2. To promote and coordinate scientific investigations of the member states 3. To protect the stock by enforcing regulations on catch and by preventing over-fishing. Criticism—The 1944 limit of catch was exceedingly high, which could not be reduced by IWC up to 1965, during which the IWC was inactive. IWC was unable to allocate the catch initially, which became possible in 1965 only. Success—After 1965, IWC was capable of conserving whales without which, whales would have come to total extinction by now.

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5.7 NORTH-EAST ATLANTIC FISHERIES COMMISSION (NEAFC-1946) There was a convention on 05.04.1946 to regulate the mesh-size and minimum size limit of catch, to prevent the capture of the young immature fishes. In 1959 in London NEAFC agreement was signed and enforced from 1963.

Area of operation North-East Atlantic Ocean

Membership Belgium, Denmark, France, Germany, Iceland, Ireland, Netherlands, Norway, Poland, Portugal, Spain, Sweden, UK, USSR.

Function 1. To rationalize exploitation of all species of fishes 2. It is concerned with all species and all fisheries of its area, unlike other single species commission 3. It recommends for rational exploitation to member nations 4. It relies on the international council for scientific advice and thus has no responsibility of research.

Criticism 1. It is silent for development of fisheries for the smaller species 2. It is unsuccessful in limiting catches to the level of maximum sustainable yields 3. It is not empowered to fix up national quotas and prevent over-capitalization 4. It has no power to regulate the catch of various member nations 5. It could not fix national quota so far.

Success Many fisheries have produced increasing yields steadily in NEAFC jurisdiction.

5.8 INTERNATIONAL (ICNAF-1971)

COMMISSION

FOR

NORTH

ATLANTIC

FISHERIES

It was established in 1971 at Washington for development of fisheries over its area of operation.

Area of operation North Atlantic Ocean

Membership Canada, Denmark, France, Germany, Iceland, Italy, Japan, Norway, Poland, Portugal, Spain, Romania, UK, USSR and USA.

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Function 1. To recommend and regulate fisheries over its own jurisdiction, by regulating size of the mesh and size of first capture of different species of fish 2. To collect the information’s for research to be undertaken by the member states under its close coordination 3. To publish scientific results for the member nations 4. To recommend regulatory measures to the member nations, for fishing within/up to the MSY level 5. To allocate catch quota for Haddock, Salmon and Yellow-tail flounders.

Success It is successful in research activities, their publication, improved quality and quantities of investigations.

Criticism 1. It is not successful in regulating measures for minimum recommended mesh-size for one species., which results in over-fishing of some other species 2. It has allocated haddock fishery, salmon fishery, yellow-tail flounder fishery among its member states 3. It could not check over-capitalization.

5.9 INTER-AMERICAN TROPICAL TUNA COMMISSION (IATTC-1949) From 1942 different conventions were held for scientific investigations of tuna fisheries, and an agreement was arrived at during 1949, which were enforced in 1950. Area of Operation—Eastern Pacific Ocean

Members Canada, Italy, France, Denmark, Iceland, Norway, Poland, Portugal, Spain, Rumania, Japan, UK, USA, USSR.

Functions 1. To investigate regarding the stocks of tuna and recommend the conservation measures to maintain the stocks at MSY level. 2. Conservation of the yellow-fin tuna in particular.

Salient features 1. It employs its own scientific staff for investigation 2. It has several field units at all tuna landing ports in eastern pacific, apart from its head quarters at La-Jolla, California.

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Success—Very much successful in research and fixed up catching limits of 83000 tons annually for yellow-fin-tuna in 1961.

Criticism 1. It lacks funds for scientific investigations for sea going 2. Due to fixation of quota, the fishing season is being restricted day by day resulting in serious over-capitalization 3. Suffers from political difficulties for the traditional fishing method and is unable to catch the quota in specified fishing season 4. Unable to expand skipjack-tuna catch and protect the yellow-fin-tuna for lack of expertise of fishermen 5. Limited jurisdiction for long migrating tuna fishes.

5.10 INTERNATIONAL NORTH PACIFIC FISHERIES COMMISSION (INPFC-1963) The international convention for high sea fisheries of north pacific (ICHSFNP) of 1952, established the INPFC during 1953

Area of operation North Pacific Ocean

Membership Canada, Japan, USA are members

Function 1. To prevent nations to exploit particular species, like Salmon, Herrings, Halibuts, which originally inhabit in waters of a nation 2. To study and recommend conservation measures 3. To determine accurate limit, separating American and Asian salmon with area of intermingling by extensive research 4. Directly responsible for allocation of catch.

Criticism 1. Less effective in respect of conservation of halibut 2. Unable to conserve king-crab of the Bering sea 3. Research activities is very limited without scientists 4. Role is limited in drafting of joint programs, coordination of member nations programs and the exchange of research results 5. It could not prevent the entry of non-member nations like USSR and South Korea for fishing in north pacific.

International Fisheries Organizations

Success It continues as a viable organization existing for long years.

5.11 MISCELLANEOUS INTERNATIONAL ORGANIZATIONS IN FISHERIES 1. Conservation of Arctic Flora and Fauna (CAFF) 2. Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) 3. Commission for the Conservation of Southern Blue-fin Tuna (CCSBT) 4. Commission for Fisheries Research in Western Pacific (CFRWP-1956) 5. Commission for Conservation of Marine Resources of South-Pacific (CCMRS-1952) 6. International Commission for Scientific Exploration of Mediterranean Sea (ICSEMS) 7. International Commission for Conservation of Atlantic Tuna (ICCAT-1966) 8. International Commission for South-East Atlantic Fisheries (ICSEAF-1969) 9. Indian Ocean Tuna Commission (IOTC) 10. Japan-Soviet Fisheries Commission for North-West Pacific (JSFCNWF-1956) 11. Joint Commission for Black-Sea (JCBS-1959) 12. Japan-Republic of Korea Joint Fisheries Commission (JRKJFC-1968) 13. North-west Atlantic Fisheries Organization (NAFO) 14. North Atlantic Salmon Conservation Organization (NASCO) 15. North Pacific Anadromous Fish Commission (NPAFC) 16. North Pacific Marine Science Organization (PICES) 17. North-American Council of Fisheries Investigation (1920) – Discontinued since 1938 18. Secretariat of the Pacific Community (SPC) 19. The Mixed Commission (TMC-1962) 20. Western and Central Pacific Fisheries Commission (WCPFC)

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Unit

THE FOOD ORGANIZATION (F.A.O.

AND OF

6

AGRICULTURE UNO-1945)

6.1 PRELUDE The Food and Agriculture Organization (F.A.O.) under the United Nations Organization (UNO), was established during 1945 after the World War-II, to achieve food security for all i.e., to make sure that people have regular access to enough high-quality food to lead active and healthy lives. The 3 main objectives of F.A.O. are: 1. Eradication of hunger and malnutrition by ensuring food security, 2. Elimination of poverty and the driving forward economic and social progress for all, in order to alleviate the standard of living and 3. Sustainable management and utilization of natural resources, including land, water, air, climate and genetic resources for the benefit of the present and future generations.

6.2 ORGANIZATIONAL SET UP The FAO of the UNO is composed of 7 different departments: 1. Administration and Finance, 2. Agriculture and Consumer Protection, 3. Economic and Social Development, 4. Fisheries and Aquaculture, 5. Forestry, 6. Natural Resource Management and Environment and 7. Technical Cooperation.

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There are 3 major elements of the organization: (a) Conference: In which all the member nations are represented (b) Council: Which is composed of 34 nations elected by the conference on rotation (c) Staff: Which is headed by the Director General with other supporting staff As decision making organ, the conference and the council determine the role of F.A.O. in the various fields including fisheries.

6.3 THE DEPARTMENT OF FISHERIES AND AQUACULTURE The Department of Fisheries and aquaculture was created during 1966 under the F.A.O. with the objective to promote national and international actions, with respect to the development and rational utilization of the living resources of the marine and inland waters. As part of a longterm strategy, activities of the F.A.O. Fisheries and Aquaculture Department are defined through its vision and mission statements: Vision: A world in which responsible and sustainable use of fisheries and aquaculture resources makes an appreciable contribution to human well-being, food security and poverty alleviation. Mission: To strengthen global governance and the managerial and technical capacities of members and to lead consensus-building towards improved conservation and utilization of the aquatic resources.

6.4 FUNCTIONING OF THE DEPARTMENT The work of the Fisheries and Aquaculture Department is focused on the ‘Sustainable management and use of fisheries and aquaculture resource’, embracing normative as well as operational activities, whether implemented from headquarters or from the field. Fisheries and aquaculture have the capacity, if supported and developed in a regulated and environmental friendly manner, to improve the well-being of poor and disadvantaged communities in the developing nations and to achieve poverty reduction, food and nutrition security, environment and biodiversity protection. Aquaculture, probably the fastest growing food-producing sector, now accounts for more than 50% of the global food fish production. The need to exchange reliable information on all the related subjects is becoming a key issue for the responsible management of aquaculture. In order to provide easily-accessible and up-to-date information, the F.A.O. Fisheries and Aquaculture Department has developed specific pages on aquaculture, where users can consult relevant materials on aquaculture at international, regional and national level. The activities of the Department aim at promoting effective management and conservation of production systems, through complementary work on these 2 sub-sectors capture fisheries and aquaculture. The Department is involved in organizing inter-governmental and technical forums to analyze and resolve the issues raised by F.A.O. members. It collects and distributes statistics on the sectoral activity, develops normative documents such as the Code of Conduct for Responsible

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Fisheries (CCRF), binding legal agreements (like Compliance Agreement), guidelines, manuals and information systems. It also provides, on request, technical assistance to F.A.O. members in developing management strategies and plans, national assessment and management capacity, control and surveillance, food safety, trade etc.

6.5 DIFFERENT DIVISIONS The Department of Fisheries and aquaculture of the F.A.O. has 3 main divisions with the following functions: 1. Fisheries Resources Division—Stock assessment and fisheries management with scientific base. 2. Fishery Industry Division—Advisory services to the fishing industries of various nations. 3. Fishery Economics and Institution Division—Study of the economic aspects of exploitation, the investment criteria for development of projects, problems of fisheries administration. The division is further sub-divided into 3 branches: (a) Fishery statistics branch (b) Fishery education and cooperation branch (c) Fishery economics development branch—The branch has 2 sections (i) Fishery analysis section (ii) Development and investment section.

6.6 COMMITTEE ON FISHERIES (COFI) The Committee on Fisheries (COFI), a subsidiary body of the F.A.O. Council, was established by the FAO Conference at its 13th Session in 1965. The Committee presently constitutes the only global inter-governmental forum, where major international fisheries and aquaculture problems and issues are examined and recommendations addressed to governments, regional fishery bodies, NGOs, fish-workers and international community, periodically on a world-wide basis. COFI has also been used as a forum, in which global agreements and non-binding instruments were negotiated. Membership—Formerly 30 member nations were elected by the council but at present membership are opened to all F.A.O. member nations. COFI membership is now even open to any non-Member eligible to be an observer of the Organization. Representatives of the UN, UN bodies and specialized agencies, regional fishery bodies, international NGOs participate in the debate, but without the right to vote. The Committee has held several sessions. The First Session in 1966 and thereafter annually till 1975, since 1977 the sessions have been held biennially. Function—The Committee reviews specific matters relating to fisheries and aquaculture referred to it by the Council or the Director-General of F.A.O. or placed by the Committee on its agenda at the request of Members or the United Nations General Assembly. In its work, the

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Committee supplements rather than supplants other organizations working in the field of fisheries and aquaculture. The 2 main functions of COFI are: 1. To review the programs of F.A.O. in the field of fisheries and aquaculture and their implementation and 2. To conduct periodical general reviews of fishery and aquaculture problems of an international character and appraise such problems and their possible solutions for concerted action by the concerned nations, by F.A.O., inter-governmental bodies and the civil society. Success—It is very successful as a forum of discussion due to the following factors: 1. Expertise of persons serving in the committee 2. It is the only forum in which the marine fisheries problems on the global basis can be discussed.

6.7 ADVISORY COMMITTEE ON MARINE RESOURCES RESEARCH (ACMRR) The Advisory Committee on Fisheries Research (ACFR) was initially established as the Advisory Committee on Marine Resources Research (ACMRR) by the Director-General following a decision of the FAO Conference at its 11th Session in 1961. Mandate—The mandate of ACMRR was restricted to research relating to marine fisheries resources. However, in 1993 the Statutes of ACMRR were revised by the F.A.O. Council and in so doing, the name of the Committee was changed and its scope and terms of reference amended. This action was taken primarily because of the renewed interest in international fisheries research in the early 1990s, following the publication of a major Study on International Fisheries Research and the agreement of the F.A.O. Committee on Fisheries (COFI) to give new life to F.A.O.’s role as a coordinator of fisheries and aquaculture research. The revised mandates of ACFR, as agreed by the FAO Council are: 1. To study and advise the Director-General on the formulation and execution of the FAO’s program of work in respect of all aspects of fisheries research, including conservation and management of marine and inland fishery resources, 2. Increasing fish productivity through enhancement of wild resources and through aquaculture, 3. Improving the means of converting fishery resources into human food, 4. The study of the dynamics of fishing communities and the socio-economic consequences of government fishery policies, 5. Special attention will be provided to the fisheries aspects of oceanographic research and to the impacts of environmental change on the sustainability of fisheries. The Members of the Committee are selected on the basis of their specialized knowledge. Although the Committee is numerically small, consisting of only 8 members, selection has been made to include the widest possible subject matter and geographical representation.

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6.8 INDO-PACIFIC FISHERY COUNCIL (IPFC) The Asia-Pacific Fishery Commission (APFC) was originally established as the Indo-Pacific Fisheries Council (IPFC) in 1948 by the F.A.O. as the 1st Regional Fishery Body at the request of its members. It has a more than 50-years history and is one of the longest established regional fishery bodies. The F.A.O. Conference at its 4th Session at Washington, 15-29 November 1948 approved the establishment of this regional fishery body IPFC, under Article XIV of the F.A.O. Constitution, which came into force on 9 November 1948. In February 1948, the Director-General of F.A.O. invited interested Member Governments of F.A.O., to attend a meeting to discuss the establishment of a regional body to support fishery development in the Asia-Pacific region. At this meeting, an Agreement establishing the Indo-Pacific Fisheries Council was drawn up by accredited delegates of 8 nations attending the meeting, viz., China, France, India, Myanmar, Netherlands, Philippines, UK and USA. Membership—The present members of APFC are Australia, France, Japan, Korea, Malaysia, Myanmar, Netherland, New Zealand, Pakistan, Philippines, Sri Lanka, Thailand, UK, USA and Vietnam. Function—The main function is advisory in character: 1. It discusses oceanographic, biological, technological and other investigations, 2. It coordinates research programs of the member nations, 3. It collects and publishes relevant information’s, 4. It exercises its functions over both marine and inland waters, 5. Most of the activities of IPFC are concerned with fishery development programs and 6. It functions within FAO’s general frame-work with certain degree of autonomy.

Criticism 1. The council’s resolutions are rarely implemented, 2. F.A.O. is not capable of providing fund for the working of IPFC, 3. It is not very much successful in spite of abundance of working sphere and wide range of specialists, 4. In recent years, IPFC is improving in the implementation of its resolutions.

6.9 GENERAL FISHERY COMMISSION FOR MEDITERRANEAN (GFCM) The Agreement for the establishment of the General Fisheries Commission for Mediterranean (GFCM), under the provisions of Article XIV of the F.A.O. constitution, was approved by the F.A.O. Conference in 1949 and entered into force in 1952. Amendments to this Agreement were approved in 1963, 1976 and 1997. The latter amendments were related to new obligations for the Contracting Parties including their contributions to an autonomous budget for the functioning of the Commission. These new obligations came into force on 29 April 2004.

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The GFCM holds its regular session annually and implements its policy and activities through the Secretariat, based at its headquarters in Rome and operates during the inter-sessional period by means of its committees, namely: 1. The Scientific Advisory Committee (SAC), 2. The Committee on Aquaculture (CAQ), 3. The Compliance Committee (CoC), 4. The Committee of Administration and Finance (CAF) and 5. Their respective subsidiaries. The GFCM also enjoys the support of cooperative projects at sub-regional and regional level which enhance scientific cooperation and capacity building in participating countries in line with GFCM priorities and strategies. In addition, the Commission cooperates closely with other international organizations in the matters of mutual interest. Membership—Membership is opened to both Mediterranean coastal states and regional economic organizations as well as to the United Nations member states, whose vessels engage in fishing in the Mediterranean waters. The present members are: Algeria, Bulgaria, Cyprus, Egypt, France, Greece, Ireland, Italy, Lebanon, Malta, Monaco, Morocco, Rumania, Spain, Tunisia, Turkey, Yugoslavia. Function—The GFCM’s objectives are to promote the development, conservation, rational management and best utilization of living marine resources, as well as the sustainable development of aquaculture in the Mediterranean, Black Sea and connecting waters. In cooperation with other Regional Fisheries Management Organizations, the GFCM is instrumental in coordinating efforts by governments to effectively manage fisheries at regional level. The GFCM has the authority to adopt binding recommendations for fisheries conservation and management in its Convention Area and plays a critical role in fisheries governance in the Region, with the following responsibilities: • To keep under review the state of the Mediterranean living resources, including their abundance and the level of their exploitation, as well as the state of the fisheries based thereon, • To formulate and recommend, appropriate measures: (i) For the conservation and rational management of living marine resources; and (ii) For the implementation of these recommendations, • To keep under review the economic and social aspects of the fishing industry and recommend any measures aimed at its development, • To encourage, recommend, coordinate and undertake training and extension activities in all aspects of fisheries,

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• To encourage, recommend, coordinate and undertake research and development activities, including cooperative projects in the areas of fisheries and the protection of living marine resources, • To assemble, publish or disseminate information regarding exploitable living marine resources and fisheries based on these resources, • To promote programs for marine and brackish water aquaculture and coastal fisheries enhancement and • To carry out such other activities as may be necessary for the Commission to achieve its purpose as defined above. Criticism—The structure and functions are identical with IPFC, here also the projects are much more and the resources are limited.

6.10 INDIAN OCEAN FISHERY COMMISSION (IOFC) Indian Ocean Fishery Commission (IOFC) was established by Resolution 2/48 adopted by the FAO Council at its 48th Session in June 1967 under Article VI (1) of the FAO Constitution. Area of Competence—IOFC’s area of competence is the Indian Ocean and adjacent seas excluding the Antarctic area, which coincides with FAO Statistical Areas 51 and 57. Species Covered—Originally the Commission covers all living marine resources but with the establishment of the Indian Ocean Tuna Commission (IOTC), the future activities of IOFC are substantially reduced. Species other than tuna in the Indian Ocean are geographically localized and may be managed by smaller fishery bodies at sub-regional levels. Membership—Membership of IOFC is open to all Member Nations and Associate Members of FAO. The present members of IOFC are: Australia, Bahrain, Bangladesh, Comoros, Cuba, Djibouti, Egypt, Ethiopia, France, Greece, India, Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kenya, Korea, Kuwait, Madagascar, Malaysia, Maldives, Mauritius, Mozambique, Myanmar, Netherlands, Norway, Oman, Pakistan, Portugal, Qatar, Saudi Arabia, Seychelles, Somalia, Spain, Sri Lanka, Sudan, Sweden, Tanzania, Thailand, UAE, UK, USA and Viet Nam. Objectives and Activities—The objectives of IOFC are to promote, assist and coordinate national programs over the entire field of fishery development and conservation; to promote research and development activities in the area through international sources, in particular through international aid programs and to examine management problems, with special emphasis on the management of offshore resources. IOFC does not have regulatory powers. The following 3 subsidiary bodies of the Commission, are well placed to manage other fishery resources of the Indian Ocean at sub-regional levels. They would need a proper mandate to do so while some minor adjustments to their geographical coverage would ensure that major fishing areas of the Indian Ocean are covered by them. 1. Committee for the Development and Management of the Fisheries Resources of the Gulfs, 2. Committee for the Development and Management of Fisheries in the South-west Indian Ocean and 3. Committee for the Development and Management of Fisheries in the Bay of Bengal.

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Function 1. To promote, assist and coordinate national fisheries development programs 2. To encourage research and development activities through international sources 3. To examine management programs.

Success 1. It has improved the collection of statistics concerning Indian Ocean fisheries. 2. It has formulated Indian ocean fisheries development program quite efficiently. Criticism—Being an advisory body it is incapable of conserving fish stocks of some species in the Indian ocean region, which is required urgently.

6.11 COMMITTEE FOR EASTERN CENTRAL ATLANTIC FISHERY (CECAF) It was established during 1967, for promoting national and regional research and development programs for rational utilization of fishery resources. Objectives—The purpose of the Committee is to promote the sustainable utilization of the living marine resources within its area of competence by the proper management and development of the fisheries and fishing operations. Membership—The members are Cameroon, Congo, Cuba, France, Gabon, Gambia, Ghana, Guiana, Italy, Ivory-coast, Japan, Korea, Liberia, Maceretonia, Morocco, Nigeria, Poland, Romania, Senegal, Sierra Leone, Spain, Togo, UK, USA and Zaire. Functions—The main function is technical assistance, development of marine fishery, training of scientists and technicians, it has minimal power to implement conservation measures. The Committee has the following functions and responsibilities: • To keep under review the state of the resources within its area of competence and of the industries based on them, • To promote, encourage and coordinate research in the area related to the living resources thereof and to draw up programs required for this purpose and to organize such research as may appear necessary, • To promote the collection, interchange, dissemination and analysis or study of statistical, biological, environmental and socio-economic data and other marine fishery information, • To establish the scientific basis for regulatory measures leading to the conservation and management of marine fishery resources, to formulate such measures through subsidiary bodies, as required, to make appropriate recommendations for the adoption and implementation of these measures and to provide advice for the adoption of regulatory measures by member governments, sub-regional or regional organizations,

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• To provide advice on monitoring control and surveillance, especially as regards to issues of a sub-regional and regional nature, • To encourage, recommend and coordinate training in the priority areas of the committee, • To promote and encourage the utilization of the most appropriate fishing craft, gear and techniques, and • To promote liaison among and with competent institutions within the sea area served by the Committee and to propose and keep under review working arrangements with other international organizations, which have related objectives within that area.

6.12 REGIONAL FISHERY ADVISORY COMMISSION FOR SOUTH-WEST ATLANTIC Members are Argentina, Brazil, Uruguay; it is only an advisory body within FAO, without any autonomy and special funding.

Division–III

FISHERIES REGULATIONS IN INDIA

Fisheries Regulations in India

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Unit

FISHERIES REGULATIONS

IN

7

INDIA

7.1 PRELUDE The fisheries sector in India is an important sector, which contributes significantly to the national economy, providing livelihood to large numbers of people in the country. This sector has been recognized as a powerful income and employment generator, as it stimulates growth not only of a number of subsidiary industries but is a source of cheap and nutritious proteinous food also, besides being a source of foreign exchange earnings. Most importantly, it is the source of livelihood for a large stratum of economically backward population. The peninsular tip at cape Cameroon (8° 4’ N latitude) being close to the equator, half of India falls above the Tropic of Cancer and half in the tropics, the climate varying from temperate in the north to warm tropical in the south. With geographical area of 3.3 million km2, India is one of the largest countries of the world, often referred to as a sub-continent in its own merit. The Indian sub-continent is endowed with very rich fishery resources, in fresh-water, brackish-water as well as marine sectors. Due to its convenient location in the Indian Ocean, it has extensive coastline, apart from numerous rivers, estuaries, back-waters, reservoirs and tanks. A sizable fishermen population harnesses the aquatic wealth, available in varied forms for their subsistence. India is also gifted with one of the richest biodiversity of over 2200 fish species alone, apart from very rich species diversity of prawns/shrimps, lobsters, crabs, squids, mussels, oysters, clams, cockles, sea-weeds and so on, with tremendous opportunity for culture and capture. Fish and fishery products also form an important commodity for both the domestic as well as the overseas markets, with an excellent foreign exchange earning avenue. The fisheries sector plays an important role in the economy and its contribution to the national GDP is about 1.07% and 5.30% to the GDP of agriculture and allied activities. Export earnings from fisheries sector have increased from mere ` 3.92 crores in 1961–62 to ` 16597.23 crores during 2011–12 and ` 18,856.26 crores in 2012–13. The Marine Fisheries sector contributes immensely to the food-basket of the nation, providing direct employment to over 1.5 million fishers besides others indirectly dependent on this sector

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in allied activities like fishing boat and net-making, fish-processing, fish/dry-fish vending etc. According to the CMFRI Census 2010, there are 3,288 marine fishers’ villages and 1,511 marine fish landing centers in the 9 maritime states and 2 union territories. The total marine fishers’ population was about 4.0 million comprising in 864,550 families, out of which nearly 61% of the families were under BPL category. The average family size was 4.63 and the overall sex ratio was 928 females per 1000 males. Almost 58% of the fishers were educated with different levels of education and about 38% marine fishers were engaged in active fishing, with 85% of them having full time engagement. About 63.6% of the fishers were engaged in fishing and allied activities. Nearly 57% of the fishers engaged in fish seed collection were females and 43% were males. Among the marine fishermen households nearly 76% were Hindus, 15% were Christians and 9% were Muslims. The overall SC/ST percentage among the marine fishermen households was 17%.

7.2 HISTORY OF FISHERIES LEGISLATION Though the exact origin of fisheries in the Indian sub-continent is largely unknown in the absence of suitable recorded history, it antedates many thousand years. The earliest known record is the Kautily’s (Chanakya’s) ‘Artha-sashtra’, written between 321 to 300 BC, wherein the secret means of poisoning of fish tanks at the time of war was described (Hora and Pillay-1962). In ‘KhonaBachan’ (505-587 AD) the writings of Khona, the daughter-in-law of Varah-Mihir, (one of the nine gems in the kingdom of Vikramaditya) cultivation of vegetables on the embankments of the fish ponds was recommended. King Someswara of the Chalukya dynasty in his book “Manasollasa” (literally means ‘pleasure of Mind’) written in 1127 AD, in the chapter ‘Matshya-vinod’ (literally means ‘recreational-fishery’) has described the method of fattening of the fishes in the fish ponds (Hora-1951). These early records prove beyond any reasonable doubts that fish culture was prevalent in the Indian sub continents from the days of yore. In the ancient India, fishing was regarded as the fundamental rights of all the citizens, over the entire natural water sheets available, except certain temple tanks, private waters and imperial preserves granted by the administration in favor of an individual or community. In the ancient princely states, even in some cases, apart from small impoundments like ponds/tanks certain portion of the large water bodies, like river-pools, lakes/lagoons or even the coastal waters were designated as the imperial preserves and granted in favor of a particular fisherman/fishermen community. In these special cases, because these resources were declared as imperial preserves, every body’s fishing rights were restrained under regulation, though it was permitted in rest of the water resources. The above arrangement tells that the administrators use to utilize specified water resources for their own advantages, i.e. the fishermen use to provide fish for the royal consumption free of cost, as tributes whenever required. By this way, it can be concluded that some amount of regulatory measures were also prevalent in various princely states of India, to regulate the waters declared as the imperial preserves. Though the exact rules and regulations in these score are not traceable, it can be conceived that definite procedures must have been followed in the following points:

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1. Quotas of fish to be supplied for the royal consumption have been fixed with regards to quantity and time, once or twice weekly or daily. 2. Special quotas for the festive occasions were also specified. 3. There were also provisions that for the royal consumption, fish should be available whenever desired. 4. In return of these benefits, the administration has taken up the responsibility to safeguard the interest of the fishers in restricting unauthorized fishing by others. During 1644, East India Company attempted to develop fishery in and around Bombay. During 1744, a committee was set up to increase the revenue from the fisheries sectors by the East India Company by levying of taxes, which continued up to 1864 under the British rule. In British India, during the 60s of the 19th century, Sir Arthur Cotton, was in charge of a number of dams/weirs, constructed in the peninsular India. He observed some remarkable changes in the normal pattern of fishery of the rivers, after the construction of the barriers. Change in the species composition as well as the availability of particular variety of fishes was observed and for the migration of the fishes provision of fish ladders in the permanent barriers across the rivers was advocated.

7.3 DEVELOPMENT OF FISHERIES LEGISLATION In India, traditional fishing for subsistence was in existence since several centuries. Different princely states had different regulations to accomplish specific local needs, like: reservation of religious/recreational water bodies, declaration of imperial preserves, settlement of salt-pans, allocation of tanks/ponds and fishing-sairats in the large water-bodies, grant of duty-free salt for fish curing etc. without any uniformity. It is only before the unset of the 19th century that importance was given to fisheries by the enactment of the Indian Fisheries Act-1897, the first fishery act of national status promulgated in the British India. After the construction of the Godavari Barrage across the river Godavari, near Rajahmundry in Andhra Pradesh during British regime, there was sudden drop in the Hilsa (Hilisa ilisha) catch in the river, seriously affecting the livelihood of the dependant fishers. Dr. Francis Day, a medical officer of British India in 1873, was given the responsibility to investigate the reasons for such drastic changes in Hilsa fishery in the river Godavari. After thorough investigation over the effect of the permanent barriers across the river over the normal fish behavior, he recommended in his report to adopt remedial legislative measures. The permanent barrier erected across the river Godavari, i.e. the Godavari barrage obstructed the breeding migration of Hilsa from the sea into the river was the causative factor for the poor catch, was concluded by Dr Francis Day after thorough investigation. He observed that the permanent barrier across the river prevented the parental stock from the sea to enter into the upstream river for breeding, thus seriously obstructed their natural recruitment by the check in their entry and exit to and from the river. Government in British India, accepted his recommendations, based upon which the first historic Indian Fisheries Act was enacted during 1897, received the consent of the Governor General of India on 04.02.1897. This laid the foundation stone for the modern fisheries Legislation in India based upon sound scientific principles.

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The 1st step towards development of fisheries in India was initiated after the great famine of 1898, when the need for the cheap protein-rich food was witnessed. The Royal Commission on Agriculture (1928) stressed to develop the Indian fisheries sector. “Grow More food Campaign” launched in 1940, recommended focused thrust for fisheries development. In order to translate this into reality in the field, separate departments for fisheries were commissioned in many provinces in the British India. After the ‘Great Bengal Famine’ of 1943 and the ‘2nd World War’ of 1939–44, acute food shortage was witnessed in the Indian sub-continent and a committee under the chairmanship of Sir Rehmat-ullah called as the ‘Rehmat-ullah Committee’ was set up by the Government in British India under the post-war reconstruction schemes, to investigate the reasons for such acute food problem and suggest remedial measures. The committee apart from other recommendations suggested focused emphasis on fisheries development, as an alternate source of proteinous food supply to fight the malnutrition problem of the poorer stratum of the population, created by the evil effect of the severe famine and war. Government of India in response to the recommendations made by the committee organized the research institutions like CIFRI and CMFRI in 1947 for the holistic development of the fisheries sector. During the pre-independence period, the scientific investigations into the methods of fishing and commercial thinking in the various spheres of fisheries have rather progressed very slowly. After the independence of India in 1947, the desire to effect changes in the various spectrum of aquaculture and fishing industries from its empirical status to the plain of a scientifically vibrant commercial proposition, has gained momentum through systematic R and D support. The 1st All-India Fisheries Conference was convened in New-Delhi in 1948, which recognized the importance of fishing industry and decided to modernize the sector. As a result, IndoNorwegian Project (INP) during 1953 for the mechanization of the fishing sector, Central Institute of Fisheries Technology (CIFT) during 1957 for research relating to fishing crafts and gears, fishing techniques, fish handling and post-harvest processing and disposal were set up, for the development of the marine fisheries sector.

7.4 IMPORTANT MILESTONES IN THE INDIAN FISHERIES LEGISLATION S. No. 1.

Title

Details of Regulations

The Indian Fisheries

The Indian Fisheries Act was enacted, the first Fisheries Law

Act: 1897

of national status for the Indian sub-continent.

Four Proclamations

The sovereign democratic republic of India promulgated four

by the Government

proclamations, for the effective management of its maritime

of India: 1955–56

activities including fisheries, which provide:

a

30.08.55

Sovereign rights of India over the territorial waters extending up to 3 nautical miles from the coast line

b

02.03.56

Exclusive fishing limit up to 3 nautical miles from the approximate coast line

2.

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c

29.11.56

Conservation zone up to 100 nautical miles from the outer limit of the coast i.e., territorial waters, for the purpose of conservation measures. The proclamation provides for protection of fisheries from indiscriminate exploitation, depletion and destruction of stock, subjected to international regulations.

d

03.12.56

Controls to prevent and punish the infringement of costumes, fiscal immigrations and sanitary regulations, may be exercised up to a distance of 12 nautical miles from the approximate coast line from which, the width of the territorial waters are measured.

3.

Declaration of Exclusive

The vital role of the living and nonliving resources of the

Economic Zone (EEZ): 1976

Indian ocean prompted India for the enactment of the Territorial

(26.08.1976)

Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act-1976, by extending national sovereignty up to 200 nautical miles over the coastal waters, over both the living and nonliving resources of the sea and the sea-bed. The Coast Guard organization was set up to enforce the maritime laws and to prevent the encroachment of EEZ by the foreign vessels.

a

Territorial waters

Up to 12 nautical miles from the approximate coast line.

b

Contiguous zone

Up to 24 nautical miles from the approximate coast line.

c

Exclusive Economic

Up to 200 nautical miles from the approximate coast line.

Zone

7.5 THE INDIAN FISHERIES ACT (1897) The Indian Fisheries Act-1897 was meant for preventing the use of destructive methods of fishing like: dynamiting or use of other explosive substances, poisoning of water with noxious materials, restricting the construction and use of fixed engines (dams, weirs, barriers etc.) for catching fish, in inland and coastal waters (up to one marine league i.e., 3 nautical miles). The act also provide to put a limit on the mesh size, specify size of fish at first capture and to ban the fishing in certain seasons (declaration of ‘closed-season’) and certain places (declaration of ‘fish sanctuaries’) for a period of 2 years. The provincial governments were empowered to frame rules in selected waters for protection of the fish with previous notification. This act is a small piece of legislation containing only 7 sections: 1. Section-I: deals with the extent of the Act. 2. Section-2: provides that the act is a supplement to other fisheries laws. 3. Section-3: is a defining section which defines the expressions “fish”, “fixed engines” and “private water” etc. 4. Section-4: deals with destruction of fish by explosives in inland and coastal waters. 5. Section-5: deals with destruction of fish by poisoning of waters.

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6. Section 6: provides for protection of fish in selected waters by rules of the provincial Governments. 7. Section 7: is a penal provision for arrest without warrant for offences under the Act.

1. Main Features The salient features of the Indian Fisheries Act, 1897 are as follows: 1. This act may be called as the Indian Fisheries Act, 1897. (i) It extends to the whole of (British) India, except Burma; and (ii) It shall come into force at once. 2. Subject to the provisions of sections 8 and 10 of the General Clause Act, 1887, 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 repugnant in the subject or context: (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-water” means which is the exclusive property of 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 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 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 if it had been committed on the land abutting on such 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 any such notification.

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6.

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(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. (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 direct that. (a) A breach of it shall be punishable with fine which may extend to one hundred rupees and when the breach is a continuing breach, with a further fine which may extend to ten rupees for every day after the date of the first conviction during which the breach is proved to have been persisted in; and (b) Provide for • The seizer, forfeiture and removal of fixed engines erected, or used, or nets used, in contravention of the rule; and • The forfeiture of any fish taken by means of any 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) (a) Any police officer, or other person specially empowered by the Local Government in this behalf, either by name or as holding any office, for the time being, may without an order from a Magistrate and without warrant, arrest any person committing in his view any offence punishable under section 4 or 5 or under any rule under section 6 • If the name and address of the person are unknown to him, and • 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; (b) A person arrested under this section may be detained until his name and address have been correctly ascertained. Provided that no person so arrested, shall be detained longer than may be necessary for bringing him before Magistrate, except under the order of a Magistrate for his detention.

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2. Summary of the Main Regulations 1.

Construction of weirs/barriers

dams/

2.

Fixed engines

3.

Dynamiting and use of other explosive substances

4.

Poisoning and use of other such obnoxious materials

5.

Size and specification of nets

6.

Fishing time

Restriction on the construction of dams and weirs across rivers/streams and construction of short of permanent obstacle is prohibited Prohibition of irrection of fixed engines, anything fixed in the soil across a water stream to catch fish, e.g. nets, traps Prohibition of dynamiting and use of other such explosive substances for fishing. Such illegal act is punishable with imprisonment of 2 months and fine up to ` 200/- or both Prohibition on the use of poison and other obnoxious materials to catch fish, which will be punishable with imprisonment of 2 months and fine up to ` 200/- or both for intentional poisoning Specification of dimension and type of nets to be used. Government can prescribe particular type, size of gear with particular mesh size Government can prohibit any fishing from any water resource for a period not exceeding 2 years.

3. Special Provisions (a) Removal, seizure and forfeiture of any fixed-engine and other illegal gears or fish, operated or caught illegally, by the government. (b) Personnel’s prescribed by the local governments can arrest without warrant, the person/ persons committing illegal fishing by illegal gears in illegal time. (c) Punishment with imprisonment and fine or both, for the illegal acts in contravention of the provisions under the act. (d) Provision to make rules under this act by various states to suit to their local conditions.

4. Impact of the Act After the enactment of the Indian Fisheries Act in 1897, fisheries being a state subject, different states and union territories have enacted various regulations during different periods, for enforcement in various water bodies to cater to the diversified need of the local conditions. 1. The Indian Fisheries Act was adopted and applied by the erstwhile State of Saurashtra, immediately in the same year 1897. 2. Erstwhile Punjab State (before partition of India) was perhaps the 1st state to introduce conservation legislation for fisheries, by the enactment of the Punjab Fisheries Act -1914, amended in 1941, 1966 and 1971. For regulating fisheries in the canals, separate rules were framed in 1924, in the form of Rules for regulating fishing in canals and head waters.

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3. Northern states of Haryana, Himachal Pradesh and Delhi more or less follow the Punjab Fisheries Acts. 4. The erstwhile Madras state promulgated Fisheries Act during 1924. 5. States like West Bengal, Uttar Pradesh, Andhra Pradesh, Madhya Pradesh, Karnataka, Kerala, Jammu and Kashmir have some rules for regulating fisheries. 6. The state of Rajasthan enacted the fisheries legislation in 1984. 7. The Assam Fisheries Act- 2001 is very much exhaustive and praise-worthy, as it covers most of the essential items. 8. Odisha was constituted by the amalgamation of fragments from the erstwhile Patna State, together with areas from the Madras Presidency and the Central Provinces during 1936; but has not inherited any fisheries acts from those states. As such inland fisheries conservation regulation is altogether missing in the state till now. However, fisheries being a state subject, the rules prevalent in various states are different and are not complete in all respect. Moreover, most of the provincial fisheries regulations were based upon the antiquated Indian fisheries Act-1897, without any analytical scientific approach.

7.6 RELEVANCE OF FISHERIES LEGISLATION The age-old notion of the inexhaustibility and renewability nature of the capture fishery resources has been belied in recent years due to the population explosion and technological advancements. Experience has shown that uncontrolled indiscriminate fishing and destructive devices of fishcapture deplete the fishery resources, culminating in great economic disaster for the traditional fishers, jeopardizing their livelihood. The purpose of fishery regulations is to ensure sustained fish yield from natural waters, assuring a continual bountiful harvest without depleting the resources and obviating the wastage of fishing efforts. The fundamental basis of any fishery regulations is based upon the principle that every fish should be given a chance to breed at least once during its life-span to maintain a healthy population and the total fishing mortality imposed should be as far as practicable less than or at best equal to the natural mortality of the biotalstock, so that stock depletion is obviated. In order to achieve this ultimate objective the following principles may be stressed upon: (a) It is necessary to have a sizable quantity of brooders of all species in the natural aquatic environment for self-propagation through natural recruitment, (b) It is very essential to protect brood fishes during their spawning season along with their juveniles (Egg, Spawn, Fry and Fingerlings) during the post-spawning period, (c) All smaller, immature fishes must be protected, as the majority will mature and become parental stock for the resource, (d) Fishing efforts have to be regulated in form of specification of closed seasons, sanctuaries, minimum size at first capture, minimum mesh size, spatial deployment of fishing efforts, maximum duration and volume of catch etc. as far as practicable, and (e) Indiscriminate fishing by illegal harmful fishing methods have to be obviated for the overall well-beings of the ecosystem i.e. the natural fauna and flora.

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7.7 CONSEQUENCE IN THE ABSENCE OF LEGAL REGIME The serious consequence on the absence of fisheries conservation act should be realized with all sincerity. Take for example the case of Odisha State, where inland fishery conservation regulation is totally lacking. The state was constituted on 01.04.1936 by the amalgamation of fragments from the erstwhile Patna State, together with some areas from the Madras Presidency in the south and the Central Provinces in the west; but has not inherited any fisheries acts prevalent in those states. Even the age-old Indian Fisheries Act 1897, prohibiting the use of explosives/poisons/fixedengines; is not being implemented at all in the absence of enforcing officials authorized for the purpose. In the absence of inland fisheries conservation act, the common property resources, especially the rivers have become almost barren over years, due to the indiscriminate killing of brooders as well as the juveniles, coupled with serious threat of pollution. The deepest and very extensive river-pool of the largest river of the state i.e. the river Mahanadi, namely the “Satakosia” (7 kosa or 14 miles or approx. 25 kms long), a safe-heaven for the parental brood stock of this mighty river during the reduced flow of the summer, is presently declared as a crocodile sanctuary to prey upon them. To add to the plight, the “Vitara-Kanika”, the common estuary of the 3 largest rivers of the state i.e. the river Mahanadi (largest), the river Brahmani (2nd largest), the river Baitarani (3rd largest) is also declared as the National park for the conservation of the brackishwater crocodiles, the Gharials. Even though, as much as approximately 10% of the total land run-off of the monsoon precipitation of our country; passes through more than a dozen of rivers in Odisha to the Bay of Bengal, the degree of devastation of the ichthyo-fauna from the bio-diversity conservation point of view, on the absence of conservation rules can be well realized. Consequently, the inland fishermen depending upon the rivers and residing all along the river-bank, have become wageearners for their alternate livelihood options. In the absence of the seasonal fishing-ban/closedseason, they are even deprived of the facilities under the Central Sector Scheme “Savings-cumRelief”, for which they are entitled by all means. Aquaculture, as one of the primary food producing avenues, being more or less like agriculture or animal husbandry, is regarded as an allied agricultural activity. Therefore, the Department of Fisheries in Odisha is treated as par with agriculture, with the responsibility of supply of quality seeds for aquaculture and rendering technical guidance to fishers/ farmers; wherever needed. But on the other hand, the ‘capture fisheries’ in open waters is more or less like forest, where human intervention is negligible and the nature plays a dominant role for augmenting the production and productivity. As such, majority of the hill-streams, rivulets, rivers and estuaries are being covered under the Forest Conservation Act and the Forest Department has taken away the major chunk of fisheries activities, including the crocodile/alligator fishery, the tortoise/seaturtle (olive-rid-lay) fishery, dolphin fishery and interestingly, they are even authorized to enforce the only fishery act of the State Fisheries Department, namely the Odisha Marine Fisheries Regulation Act (OMFRA-1982). Even, one would be astonished to note that the Chilka Lake, the largest brackish water lagoon of Asia, presently managed by the Chilka Development Authority,

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headed by the Forest Department, lack any fishery conservation act. The net result is that, the Department of Fisheries is shrinking day by day with reduced activities, while the Forest and Environment Department is being boosted up with multifarious activities. At present, after the enactment of the Odisha State Reservoir Fishery Policy (OSRFP) in 2002, (for which the author was the pioneer) the fishing rights over all the reservoirs of the state above 10 hectares water spread area, has been vested with the fisheries department for management. But the pristine hill-streams, rivulets, rivers, tributaries, estuaries and wetlands preserving the original germplasm of the available biodiversity, are still left neglected from conservation point of view, waiting for legislative framework for their management and upkeep. It won’t be out of place to cite a true story of my career in the State Fisheries Department, Odisha. During late 1980s, when the author was the district fishery officer of the northernmost district of Mayurbhanj, I was directed by my Director to explore the possibility of introduction of Trouts in the hill-streams of Similipal forest located within the geographical boundry of my district. For the survey and study of the hill-streams fishery of the Similipal hill ranges (which empty into the river Budhabalang), I was allowed by the forest authorities to study the turbidity/ transparency, current velocity etc. and to collect the soil and water samples of the hill-streams/ water bodies for the study of the physio-chemical characteristics only. But in spite of my best efforts, personal appraisal to the concerned forest officials, being a fisheries officer I was also not allowed to touch even the fishes, since permission from the Chief Wild-Life Warden, Odisha could not be availed, for sampling of the natural biodiversity. However by analysis of the ambient temperature, current velocity, turbidity-transparency, external observation of the ichthyo-fauna (Mahaseers) in the crystal-clear water of the hill-streams, it was concluded that the terrain was very much suitable for introduction of Trouts and my findings were published later on under the caption “Possibility of introduction of Trouts in the hill-streams of Similipal, Mayurbhanj (Odisha)” in FISHCOOPS, Vol-20, No.3, Jul-Sep. 2008: Journal of the National Federation of Fishermen Cooperatives, New-Delhi. The evil effects due to the absence of fisheries conservation regulations can be well imagined from the facts enumerated above. Visualizing the present deplorable legal regime in the state, it is recommended that the state should enact suitable inland fisheries conservation act at the earliest, to end the existing lawlessness prevailing over all the inland capture fishery resources, for holistic inland fisheries development and management. On the contrary as it is prevailing now, the aquaculture activities (fresh-water, brackish-water and mariculture) which is at par with agriculture, along with the reservoir fishery (with OSRFP) and the marine fisheries activities (with OMFRA), may be retained under the control of the Fisheries Department and the entire inland capture fisheries sector, including the hill-stream fishery, riverine fishery and estuarine fishery may be transferred to the Forest and Environment Department, which is already playing a dominant role under the forest conservation act, over the hill-streams (inside reserve forests), river-pools (for crocodile sanctuary) and major estuaries (for the Gharial sanctuary), Chilika Lake (under the CDA for the Bird sanctuary and the Irrawaddy dolphins) and patches of coastal waters (the nesting sites of the sea turtle: olive-rid-lay).

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7.8 EXISTING REGULATORY FRAMEWORK IN FISHERIES SECTOR Constitutional Provisions The sovereign democratic republic of India is constituted by 29 states and 6 union territories at present. The constitution of this federal republic very clearly specifies the duties and the responsibilities of the government at the center and the constituent states, in respect of fish, fisheries and related activities. The 7th Schedule (Article 246) of the Constitution of India, specifies subjects that are to be dealt with by the union/ state governments, on the Union List, the State List and the Concurrent List. Fish production and management of the Exclusive Economic Zone (EEZ) (i.e. the marine space beyond 12-nautical miles of the territorial sea up to a distance of 200 nautical miles from the baseline), along with the major fishing harbors, fishing vessel industry, sea-food export trade, marine and inland fisheries research and training, are on the List-I of the Union List, which makes the Union Government solely responsible for the management and development (vide Entry 57), whereas Entry 21 of the List-II speaks of fisheries within the Territorial Waters as a State Subject. Reading both the Entries together, it is construed that regulation and control of fishing and fisheries within the territorial waters is the exclusive province of the State government, whereas beyond the territorial waters, it is the exclusive domain of the Union government.

7.9 DIVISION OF SUBJECTS BETWEEN CENTRE AND STATE The sharing of the responsibility between the center and the state governments, so far as the fish and fisheries sector is concerned can be summed up as below:

List I - Union list 1. Participation in the international conferences, associations of other international bodies and implementing of the decisions made thereat. 2. Entering into agreements with foreign countries and implementing the treaties, agreements and conventions with foreign countries. 3. Maritime shipping and navigation, including shipping and navigation on the tidal waters. 4. Shipping and navigation on the inland waterways. 5. Regulation and development of inter-state rivers and river valleys. 6. Fishing and fisheries beyond the territorial waters.

List II - State List (i) Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power. (ii) Land, that is to say, rights in or over the land, land tenure system including the relation of the landlords and the tenants, the collection of rents; transfer and alienation of agricultural land; land development and agricultural loans. (iii) Fisheries.

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List III - Concurrent List (a) Shipping and navigation on inland waterways as regards to mechanically propelled vessels. It is worth mentioning that the 73rd and 74th amendments to the Constitution of India provide Grampanchayats (local governing councils) with the powers to perform functions mentioned in the Eleventh Schedule of the Constitution, in 29 subjects, including fisheries.

7.10 INSTITUTIONAL FRAMEWORK The Indian Parliament has exclusive power to make laws with respect to any of the matters enumerated in List-I. Items under List-I are dealt with by several agencies. Under the Constitution of India, Fisheries within the inland waters and the territorial waters, which extend up to a distance of 12 nautical miles from the shore is a state subject and responsibility of the Central Government for its development rests with the state governments concerned. There is no separate Ministry of Fisheries at the central level and the two bodies under the Ministry of Agriculture i.e. Department of Animal Husbandry and Dairying (DAHD) and the Indian Council for Agricultural Research (ICAR) handle all the fisheries related activities. The responsibility for fisheries and the marine habitat is spread over several Agencies and Ministries at the Central and the State levels. The various items related to marine capture fisheries with the Agencies/Ministries responsible for implementation and the subjects dealt by them are as follows: 1. Subjects exclusively under the Central Government 2. Subjects both under the Central and State Governments 3. Subjects exclusively under the State Governments

7.11 AREAS OF COMPETENCE OF STATES/CENTRAL AUTHORITIES IN MARINE FISHERIES Subjects exclusively under the Central Government (List-I) Name of the ministries

Summary of subjects covered

The Ministry of AgricultureDepartment of Animal Husbandry and Dairying and ICAR

Deep Sea fishing-Survey for assessment of resources, Research, Training, Extension and Aquaculture development

The Ministry of Defense / Coast Guard

Monitoring of fishing by foreign vessels, Prevention of marine pollution by ships, Protection of endangered species under the Wildlife Protection Act, 1972

The Ministry of Food Processing The Ministry of Commerce and Industry – MPEDA and EIC

Fish processing and the Processing units Seafood exports and Quality control

The Ministry of External Affairs

Law of the Sea, international negotiations

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The Department of Ocean Development

Potential fishing pollution

zones,

Monitoring

of

ocean

The Ministry of Shipping

Fishing vessel building industry, Major fishing harbors

Subjects exclusively under the State Government (List-II) The State Fisheries Department Aquaculture and Fisheries in the territorial waters, Minor fishing ports and fish landing centers Subjects both under the Central and State Government (List-III) The Ministry of Environment and Forests

Protection of biodiversity, Protection of coastal habitats, Focal point for Ramsar CITES, CMS and CBD Conventions

7.12 ROLE OF THE UNION GOVERNMENT The various departments under the Ministry of Agriculture, Department of Animal Husbandry and Dairying, Department of Agriculture Research and Extension and Department of Agriculture and Cooperation are responsible for fisheries in the EEZ, survey and assessment of fisheries resources, exploration of resources in the EEZ, fisheries development, fisheries technology and fisheries management, in addition to education, research, training and extension, as well as for the Aquaculture development. The Planning Commission is responsible for the formulation of the five-Year Plans for the allocation of resources and its cost-effective and balanced utilization, while the policy and details of specific schemes are dealt with by the respective Ministries and Departments.

Central Legal Frameworks The following are the important legal instruments enacted by the Indian union, enforceable throughout the country: • Indian Ports Act, 1908 • Mines and Minerals (Development and Regulation) Act, 1957 • Merchant Shipping Act 1958, • Major Port Trust Act, 1963 • The Wildlife (Protection) Act, 1972 (as amended 2002 and 2006), • Marine Products Export Development Authority Act, 1972, • The Water (Prevention and Control of pollution) Act, 1974 • Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 • Coast Guard Act, 1978 • Marine Fishing Regulation Act-1979 (MFRAs of the maritime States) • The Forest Conservation Act, 1980 • Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 • The Indian Forest Act, 1927 amended in 1984 • Environment (Protection) Act, 1986, • Coastal Zone Regulation Notification, 1991

Fisheries Regulations in India

Applicability of the Legal framework in India

Fig. 7.1. Diagrammatic Representation of Applicability of Fisheries Legislation

7.13 STATE FISHERIES LEGISLATIONS

85

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Fig. 7.2. Diagrammatic Representation of Applicability of OMFRAs in India

Fisheries Regulations in India

87

7.14 VARIOUS LEGISLATIVE FRAMEWORK REGULATING FISHERIES IN INDIA

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26.

Wild Life Protection Act (1972) amended in 2003

1972

27.

The territorial waters, continental shelf, EEZ and other Maritime Zones Act, 1972

1972

28.

Marine Products Export Development Authority Act, 1972

1972

29.

International Regulations for preventing Collision at Sea, 1972

1972

30.

Merchant Shipping (Examination for Engineers and Engine Drivers of fishing vessels) Rules 1973.

1973

31.

The Water (Prevention and Control of Pollution) Act,1974, Amended in 1988

1974

32.

The Maritime Zones Act, 1976

1976

33.

Model Marine Fishing Regulation Act, 1978

1978

34.

The Coast Guard Act, 1978

1978

35.

Andaman and Nicobar Islands Shell Fishing Rules, 1978

1978

36.

Kerala Marine Fishing Regulation Act and Rules 1980 (Act 10 of 1981)

1980

37.

Goa Marine Fishing Regulation Act, 1980

1980

38.

The Forest (Conservation) Act, 1980

1980

39.

Protection to Marine Biodiversity Act 1980, Amended in 1988

1980

40.

Maritime Zones of India (Regulation of fishing by foreign vessels) Act, 1981

1981

41.

Maharashtra Marine Fishing Regulation Act 1981, Government of Maharashtra

1981

42.

Goa, Damn and Diu Marine Fishing Regulations, 1982

1982

43.

Maritime Zones of India (Regulation of fishing by foreign vessels) Rules, 1982

1982

44.

Orissa Marine Fishing Regulation Act 1981 (Orissa Act 10 of 1982)

1982

45.

Orissa Marine Fishing Regulation Rules 1983

1983

46.

Tamil Nadu Marine Fishing Regulation Act, 1983

1983

47.

West Bengal Inland Fisheries Act, 1984

1984

48.

West Bengal Inland Fisheries Rules, 1985 (No. 158(I)

1985

49.

Karnataka Marine Fishing Regulation Act, 1986

1986

50.

Environmental Protection Act, 1986

1986

51.

Meghalaya Grant-in-Aid to private fish farmers and Piscicultural Societies Rules, 1986.

1986

52.

Meghalaya Fisheries (Welfare of Fishermen) Rules, 1987.

1987

53.

Karnataka Marine Fishing Regulation Rules, 1987

1987

54.

The Hazardous Waste Management Act, 1989

1989

55.

The Hazardous Wastes (Management and Handling) Rules (1989)

1989

56.

Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Micro organisms, Genetically Engineered Organisms or Cells (1989)

1989

57.

Agreement on the network of aquaculture centers in Asia and the Pacific, 1990

1990

58.

Coastal Regulatory Zone Notification No. SO 114 (E) (1991)

1991

Fisheries Regulations in India

89

59.

The Deep Sea Fishing Policy, 1991

1991

60.

Coastal Regulation Zone Notification No. SO 114 (E) (1991)

1991

61.

General Standards for Discharge of Wastewaters in Marine Coastal Areas (1993)

1993

62.

West Bengal Marine Fishing Regulation Act

1993

63.

Environmental Impact Assessment Notification (1994)

1994

64.

Andhra Pradesh Marine Fishing Regulation Act, 1994

1994

65.

Order SO 729 (E) (1995) regarding quality control, inspection and monitoring prior to export

66.

1995

Export of Fresh, Frozen and Processed Fish and Fishery Products (Quality Control and Inspection and Monitoring) Rules (1995)

1995

67.

The National Environment Tribunal Act 1995

1995

68.

West Bengal Marine Fishing Regulation Rules

1995

69.

Andhra Pradesh Marine Fishing Regulation Rules

1995

70.

National Environment Appellate Authority Act, 1997

1997

71.

Notification SO 88 (E) (1997) for establishment of the Aquaculture Authority of India (available at: http://aquaculture.tn.nic.in/)

1997

72.

Breeding of and Experiments on Animals (Control and Supervision) Rules-1998

1998

73.

Notification S.O. 88(E) of the Ministry of Environment and Forests establishing the Aquaculture Authority

1999

74.

Lakshadweep Marine Fishing Regulation

2000

75.

Order No 722 (E) (2002) Maximum Residual Limits (MRLs) for pesticides, heavy metals, antibiotics and other pharmacologically active substances in fish and fishery products

76.

2002

Order SO 477 (E) (2002) regarding the quality control in live-fish including mollusks and crustaceans meant for human consumption

2002

77.

The Biological Diversity Act, 2002

2002

78.

Export of Live Fish (Quality Control, Inspection and Monitoring) Rules (2002)

2002

79.

Offshore Areas Mineral (Development and Regulation) Act, 2002

2002

80.

The Gujarat Fisheries Act, 2003

2003

81.

Andaman and Nicobar Marine Fishing Regulation Act, 2003

2003

82.

Marine Fisheries Policy

2004

83.

Coastal Aquaculture Authority Rules, 2005

2005

84.

Model Bill for Inland Fisheries and Aquaculture

2005

85.

Andhra Pradesh Aquaculture Seed (Quality Control) Act No. 24 of 2006

2006

86.

Kerala Inland Fisheries and Aquaculture Act, 2010 (Act No. 15 of 2010)

2010

87.

Wetlands (Conservation and Management) Rules-2010

2010

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Unit

8

INTERNATIONAL /R EGIONAL AGREEMENTS AND FISHERY FORUMS/BODIES/ PROGRAMS /P ROJECTS /C ONVENTIONS TO WHICH INDIA IS A S IGNATORY 8.1 PRELUDE India is a signatory to various international/ regional forums, bodies, programs, projects and conventions, related to the fisheries development and management, protection of coastal habitats, fishers’ communities and fishery resources. India has also entered into agreement and also participates in the programs of the inter-governmental and regional organizations, dealing with the management and conservation of fisheries resources, trade of fish and fisheries products, welfare of various associated fisheries stakeholders, as per the list furnished below: (in alphabetical order) 1. Antarctic Treaty System (ATS) - 1961 2. Agreed Measures for Conservation of Antarctic Fauna and Flora -1964 3. Asia Pacific Fishery Commission (APFIC) 4. Bangladesh-India-Myanmar-Sri Lanka-Thailand Economic Cooperation (BIMSTEC) 5. Basel Convention - 1992 6. Bay of Bengal Large Marine Ecosystem (BOBLME) 7. Bay of Bengal - Inter Governmental Organization (BOBP-IGO) 8. Cartagena Protocol on Bio-safety 9. Convention on Biological Diversity (CBD-1992) 10. Code of Conduct for Responsible Fisheries (CCRF) 11. Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)

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12. Convention on International Trade in Endangered Species (CITES-1973) of Wild life 13. Convention on Wetlands (RAMSAR) 14. Convention on Migratory Species (CMS) of Wild Animals 15. Convention to the Preservation of Fauna and Flora in their Natural State 16. Indian Ocean Fishery Commission (IOFC) 17. Indian Ocean Rim Association for Regional Cooperation (IOR-ARC) 18. Indian Ocean Tuna Commission (IOTC) 19. International Maritime Organization (IMO) Convention 20. International Plant Protection Convention (IPPC) 21. International Seabed Authority (ISA) – 1994 22. International Whaling Commission (IWC) 23. MARPOL (Marine-Pollution) 73/78 24. Montreal Protocol for the Protection of the Ozone Layer (MP) 25. Network of Aquaculture Centers in Asia-pacific (NACA) 26. Nuclear Test Ban Treaty (NBT)-1963 27. South Asian Association for Regional Cooperation (SAARC) 28. Treaty Banning Nuclear Weapon Tests in Atmosphere, Outer Space and under Water 29. Treaty on Prohibition of Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Sea-Bed and the Ocean Floor and in the Subsoil Thereof 30. United Nations Convention on the Law of the Sea (UNCLOS), 31. United Nations Fish Stocks Agreement-1995 (UNFSA), 32. United Nations Framework Convention on Climate Change (UNFCCC) 33. World Heritage Convention 34. World Trade Organization (WTO). It would be wise to discuss in brief about the various international forums, regional bodies, programs, projects and conventions, related to the fisheries management, in which India is a signatory, so as to have an insight regarding their need, formation, objectives, functions and impacts of these organizations in the global and regional prospective.

8.2 ANTARCTIC TREATY SYSTEM (ATS) - 1961 The Antarctic Treaty and related agreements, collectively called as the Antarctic Treaty System (ATS), regulate international relations with respect to Antarctica, Earth’s only continent without a native human population. For the purposes of the treaty, Antarctica is defined as ‘all of the land and ice shelves south of 60°S latitude’. The treaty, entering into force in 1961 and currently having 50 signatory nations, sets aside Antarctica as a scientific preserve, establishes freedom of scientific investigation and bans military activity on that continent. The treaty was the 1st arms control

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agreement established during the Cold War. The Antarctic Treaty Secretariat headquarters have been located in Buenos Aires, Argentina, since Sept. 2004. The main treaty was opened for signature on December 1, 1959 and officially entered into force on June 23, 1961. The original signatories were the 12 countries active in Antarctica during the International Geophysical Year (IGY) of 1957-58, namely: Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, Soviet Union, UK and US; those had established over 50 Antarctic stations for the IGY. The treaty was a diplomatic expression of the operational and scientific cooperation achieved ‘on the ice’. However, the treaty has been acceded to by many other nations; the total number is now 50. Among the signatories of the Treaty were 7 countries, namely: Argentina, Australia, Chile, France, New Zealand, Norway and the UK with territorial claims, sometimes overlapping but other countries do not recognize any such claims. The US and Russia maintain a “basis of claim”. Some of the important mandates and objectives of the Treaty are: • Antarctica shall be used for peaceful purposes only (Article-I). • Freedom of scientific investigation and cooperation shall continue (Article-II). • Scientific observations and results from Antarctica shall be exchanged and made freely available (Article-III). • All positions are explicitly protected in Article-IV, which preserves the status quo: No acts or activities taking place, while the present Treaty is in force shall constitute a basis for asserting, supporting or denying a claim to territorial sovereignty in Antarctica or create any rights of sovereignty in Antarctica. No new claim or enlargement of an existing claim to the territorial sovereignty in Antarctica shall be asserted while the present Treaty is in force. • To promote the objectives and ensure the observance of the provisions of the Treaty, “All areas of Antarctica, including all stations, installations and equipments within those areas shall be open at all times to inspection “ (Article-VII).

8.3 AGREED MEASURES FOR THE CONSERVATION OF ANTARCTIC FAUNA AND FLORA - 1982 The Agreed Measures for the Conservation of Antarctic Fauna and Flora is a set of measures agreed on the 3rd Antarctic Treaty Consultative Meeting (ATCM) in Brussels, on 2 June, 1964. It is part of the Antarctic Treaty System, effective from 1 November, 1982. Its objective is to further international collaboration, within the framework of the Antarctic Treaty System, to promote and achieve the objectives of protection, scientific study and rational use of fauna and flora. Compared to many other parts of the world the Antarctic is relatively unmodified by human activities. Protection of native fauna and flora has been a concern for the Consultative Parties to the Antarctic Treaty System from the beginning. In 1964 Agreed Measures for the Conservation of Antarctic Fauna and Flora were adopted, and many other measures dealing with related issues followed in subsequent ATCMs. Article 3.2 of the Environment Protocol provides that activities to be undertaken in Antarctica shall be planned and conducted so as to avoid “detrimental changes in the distribution, abundance or

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productivity of species or populations of species of fauna and flora and further jeopardy to endangered or threatened species or populations of such species”. Annex II to the Protocol sets out specific measures to give effect to this. It provides several different mechanisms to protect Antarctic species, including: • The prohibition of removing and of harmful interference, except in accordance with a permit; • The prohibition of introducing non-native species of fauna and flora, except in accordance with a permit; and • The designation of Specially Protected Species. The ATCM has also adopted specific measures to manage human disturbance of Antarctic fauna and flora, including Recommendation XVIII-1: Guidance for Visitors to the Antarctic, adopted in 1994, and the Guidelines for the Operation of Aircraft near Concentrations of Birds in Antarctica, adopted in 2004. In 2011 the Antarctic Treaty Consultative Meeting adopted the Non-native Species Manual. This manual was compiled and prepared by an Intersessional Contact Group of the Committee for Environmental Protection between 2009 and 2011.

8.4 ASIA-PACIFIC FISHERY COMMISSION (APFIC) The Asia-Pacific Fishery Commission (APFIC), originally called as the Indo-Pacific Fisheries Council (IPFC) is a Regional Fisheries Body under FAO, which covers fisheries, aquaculture and issues related to aquatic resource, in the Asia-Pacific region. APFIC functions as a Regional Consultative Forum raising awareness amongst member countries, fisheries organizations and fisheries professionals in the Asia-Pacific region. In recent years, APFIC has covered a range of regional fisheries issues, including comanagement of fisheries, low value/ trash fish (may be referred to as by-catch along with the targeted catch) in the region, illegal, unreported and unregulated fishing and fishing capacity management, certification in fisheries and aquaculture, ecosystem approach to fisheries and aquaculture and improving resilience of fishery livelihoods. The Secretariat is housed in the FAO Regional Office for Asia-Pacific in Bangkok, Thailand. According to the Agreement on the Establishment of the Asia-Pacific Fishery Commission, eligibility for membership is opened for the member Nations and Associate Members of the FAO, which accept the Agreement in accordance with Article X. Other States that are Members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency may be admitted as members by 2/3rd majority of the Commission’s members. The current member countries are: Australia, Bangladesh, Cambodia, China, France, India, Indonesia, Japan, South Korea, Malaysia, Myanmar, Nepal, Netherlands, New Zealand, Pakistan, Philippines, Vietnam, Sri Lanka, Thailand, UK and USA.

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8.5 BANGLADESH, INDIA, MYANMAR, SRI LANKA, THAILAND ECONOMIC COOPERATION (BIMSTEC)-1997 Bangladesh, India, Myanmar, Sri Lanka and Thailand formed the new economic block known as BIMSTEC in 1997, to enhance economic cooperation and boost growth of the South-east Asian regions. Nepal and Bhutan became members in 2003. Unfortunately, BIMSTEC emerged at a time of economic crisis. Countries in South-east Asia, notably Thailand, which initiated the formation of the group, were laid low by the 1997 economic meltdown. Rather than promoting international economic cooperation, they were forced to concentrate on fixing their own internal economic problems. However, 6 sectors have been identified so far for cooperation: trade and investment; technology; transportation; energy; tourism and fisheries in a 1998 meeting. But the group has made very slow progress in mapping out actual plans of action to achieve those goals. None of the plans have yielded any significant results for the member economies so far. Even a relatively simple plan to organize the “Visit BIMSTEC Year” in 2001 could not be successfully carried out, because most members lack adequate facilities and management skills to work together to attract tourists. The free trade agreement is an uphill task, since intra-trade volume among members is relatively low and some members still don’t have a clear picture of how free-trade schemes work. Some countries, such as Bhutan, generate most of their income from tourism. Despite all this, the group agreed to continue the launch of the free-trade agreement with what it called a ‘3X’ formula, which means it only requires 3 members to launch the free-trade agreement. The other members will be allowed to join later when they are ready. This is a very strange idea for a 7-member economic group allowing the majority of its members to stand aside. The open secret among member economies is that BIMSTEC is making little headway, because the majority of members have neither the will nor the commitment to make it work due to lack of expertise.

8.6 BASEL CONVENTION-1992-CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL The Control of Transboundary Movements of Hazardous Wastes and their Disposal, usually known as the Basel Convention, is an international treaty that was designed to reduce the movements of hazardous wastes between nations and specifically to prevent transfer of hazardous wastes from developed to less developed countries. It does not, however, address the movement of radio-active waste. The Convention is also intended to minimize the amount and toxicity of wastes generated, to ensure their environmentally sound management, as closely as possible to the source of generation and to assist the nations in environmentally sound management of the hazardous and other wastes they generate. The Convention was opened for signature on 22 March 1989 and entered into force on 5 May 1992. As of May 2013, there are 180 parties to the treaty. The UN member states that are not party to the treaty are Angola, Burma, East Timor, Fiji, Grenada, Haiti, Sao Tome and Principe, San Marino, Sierra Leone, Solomon Islands, South Sudan, Tajikistan, Tuvalu, USA and Vanuatu.

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8.7 BAY OF BENGAL LARGE MARINE ECOSYSTEM (BOBLME) Bay of Bengal Large Marine Ecosystem (BOBLME) Project is a regional initiative driven by the Global Environmental Facility (GEF), the Food and Agricultural Organization (FAO) and a number of other international organizations. Under the project, 8 countries viz., Bangladesh, India, Indonesia, Malaysia, Maldives, Myanmar, Sri Lanka and Thailand attempted to evolve a common strategy to optimize the use of shared marine resources on a sustainable basis, to better the lives of their coastal populations, by improving regional management of the Bay of Bengal environment and its fisheries. The Project has five components: 1. Strategic Action Program 2. Coastal/ Marine Natural Resources Management and Sustainable Use 3. Improved Understanding and Predictability of the BOBLME Environment 4. Maintenance of Ecosystem Health and Management of Pollution 5. Project Management, Monitoring and Evaluation and Knowledge Management.

8.8 BAY OF BENGAL PROGRAM—INTER GOVERNMENTAL ORGANIZATION (BOBP-IGO)-2003 The Bay of Bengal Program Inter-Governmental Organization (BOBP-IGO) is a fisheries advisory body established in 2003 to enhance co-operation among members, other countries and organizations in the Bay of Bengal region and provide technical and management advisory services for sustainable marine fisheries development and management to its member-countries. There are 4 member nations of the organization: Bangladesh, India, Maldives and Sri Lanka, with the headquarters in Chennai, India. The major programs of the BOBP-IGO are improving monitoring, control and surveillance (MCS) of the fishery resources in the member-countries; improving safety and health of fishers; taking the CCRF to the grassroots level; improving health and hygiene in the fishing industries; reduction of post-harvest losses, adapting to climate change and livelihood enhancement programs for small-scale/artisanal fisheries in the Bay of Bengal. The organization evolved from the former BOBP for Sustainable Fisheries, a long-term field program of the FAO, implemented during 1979-2003. This organization was conceived during the early 3rd Phase of the BOBP (1994-2000) and finally endorsed through a resolution at the 24th Meeting of the Advisory Committee of the BOBP, held in Phuket, Thailand in October, 1999. The BOBP-IGO Agreement was formally signed by Bangladesh, India and Sri Lanka on 26 April 2003 and by Maldives on 21 May, 2003. The BOBP-IGO is a tri-layered organization headed by the Governing Council, which comprises senior functionaries from the Ministry of Fisheries of the member-countries. The Governing Council appoints the Director who heads the BOBP-IGO Secretariat located in Chennai. A Technical Advisory Committee (TAC) comprising government nominated fisheries research institutes from the member-countries, which provide scientific and technical inputs to the Secretariat. The current TAC of the BOBP-IGO comprises Bangladesh Fisheries Research Institute, Fishery Survey of India, Marine Research Centre, Maldives and National Aquatic Resources Research and Development Agency, Sri Lanka.

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Functions The functions of the organization are to: • Implement programs and activities which are of immediate requirement for the sustainable development and management of coastal fisheries; • Consolidate the establishment of an expanded network to share the responsibility of fisheries management, training and information exchange, essential to coastal fisheries development in the region; • Assist the Members in increasing the livelihood opportunities and improving the quality of life of the small-scale fishers in the region; • Increase awareness and knowledge of the needs, benefits and practices of coastal fisheries management; • Assist the Members in harmonization of policy and legal framework necessary for sustainable development and management of coastal fisheries resources; • Train and upgrade core personnel needed for coastal fisheries planning, research, training, extension and development; • Establish a regional information system to provide appropriate information for development, planning, research and training; • Assist the Members in strengthening their national capabilities in development and management of coastal fisheries; • Transfer to the members appropriate technologies and techniques for development of small-scale fisheries; • Promote regional self-reliance in small-scale fisheries development through Technical Cooperation among Developing Countries and facilitate the exchange of national experts, technical know-how and information; • Develop programs for the promotion of women’s participation in the coastal fisheries development at all levels; • Assist the Members in feasibility studies and project formulation; and • Undertake such other activities related to the objectives of the Organization as may be approved by the Governing Council.

Programs The major programs of the BOBP-IGO are: (i) Research, capacity-building and policy harmonization at national and regional level for improving Monitoring, Control and Surveillance (MCS) of fishery resources in the membercountries and formulation of management plans for commercially and, or, biologically important fish stocks in the region; (ii) Research, policy advocacy, training and awareness building for improving safety at sea for artisanal and small-scale fishers;

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(iii) Training programs and information dissemination for taking the Code of Conduct for Responsible Fisheries (CCRF) of the FAO to the grassroots level; (iv) Technology transfer and capacity building programs for improving food safety of seafood products from the region and reduction of post-harvest losses; (v) Technology transfer, training and information dissemination for adapting to climate change; and (vi) Implementation of programs for livelihood enhancement of small-scale and artisanal fishers.

8.9 CONVENTION ON BIOLOGICAL DIVERSITY (CBD)-1992 The Convention on Biological Diversity (CBD), also known as the Biodiversity Convention, is an international legally binding treaty, with the objective to develop national strategies for the conservation and sustainable use of biological diversity. It is often seen as the key document regarding sustainable development, with 3 main goals: 1. Conservation of biological diversity; 2. Sustainable use of its components; and 3. Fair and equitable sharing of benefits arising from genetic resources. The Convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992 and entered into force on 29 December, 1993. The Secretariat of the Convention on Biological Diversity is the focal point for the International Year of Biodiversity 2010. At the 10th Conference of the Convention on Biological Diversity in October, 2010 in, Japan, the Nagoya Protocol was adopted. On 22 December, 2010, the UN declared the period from 2011 to 2020 as the UN-Decade on Biological Diversity and urged the CBD signatories to follow the Nagoya recommendations of October, 2010.

8.10 CARTAGENA PROTOCOL ON BIO-SAFETY-2003 The Cartagena Protocol on Bio-safety is an international agreement on bio-safety, as a supplement to the Convention on Biological Diversity (CBD). The Bio-safety Protocol seeks to protect biodiversity from the potential risks posed by genetically modified organisms resulting from modern bio-technology. The Bio-safety Protocol makes clear that products from new technologies must be based on the precautionary principle and allow developing nations to balance public health against economic benefits. It lets countries ban imports of a genetically modified organisms, if they feel there is not enough scientific evidence that the product is safe and requires exporters to label shipments, containing genetically altered commodities. The required number of 50 instruments of ratification/accession/approval/acceptance by countries was reached in May 2003. In accordance with the provisions of its Article 37, the Protocol entered into force on 11 September, 2003. In addition to 165 members, the EU is a party to the Protocol, making the total number of parties 166.

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In accordance with the precautionary approach, contained in Principle 15 of the Rio Declaration on Environment and Development, the objective of the Protocol is to contribute to ensure an adequate level of protection in the field of the safe transfer, handling and use of “living modified organisms resulting from modern biotechnology” that may have adverse effects on the conservation and sustainability of the bio-diversity. India has signed the Bio-safety Protocol, the Ministry of Environment and Forests (MoEF), being the national nodal agency for the multilateral environmental agreements.

8.11 CODE OF CONDUCT FOR RESPONSIBLE FISHERIES (CCRF) - 1995 Fisheries, including aquaculture, provide a vital source of food, employment, recreation, trade and economic well-being for the people throughout the world, both for the present and the future generations and should therefore be conducted in a responsible manner. Code of Conduct for Responsible Fisheries (CCRF) provides guidelines for the management of fisheries and aquaculture resources through sustainable management, conservation and socio-economic development. India is a signatory to the CCRF guidelines; any policy formulated must take into account the compliance of the CCRF. The CCRF developed in 1995 by the FAO includes a set of recommendations for reducing the negative impacts of fishing on the marine ecosystems. The Code is voluntary and widely believed to be an important tool for the fisheries management and all stakeholders concerned with the management, development and conservation of fisheries and fishery resources, are encouraged to implement it. The objectives of the CCRF are to: 1. Establish principles, in accordance with the relevant rules of the international law, for responsible fishing and fisheries activities, taking into account all their relevant biological, technological, economic, social, environmental and commercial aspects; 2. Establish principles and criteria for the elaboration and implementation of national policies for responsible conservation of fisheries resources and fisheries management and development; 3. Serve as an instrument of reference to help states to establish or to improve the legal and institutional framework required for the exercise of responsible fisheries and in the formulation and implementation of appropriate measures; 4. Provide guidance which may be used in the formulation and implementation of international agreements and other legal instruments, both binding and voluntary; 5. Facilitate and promote technical, financial and other cooperation in conservation of fisheries resources and fisheries management and development; 6. Promote the contribution of fisheries to the food security and food quality, giving priority to the nutritional needs of the local communities; 7. Promote protection of living aquatic resources and their environments; 8. Promote the trade of fish and fishery products in conformity with relevant international rules and avoid the measures that constitute barriers to such trade;

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9. Promote research on fisheries as well as on the ecosystems associated and relevant environmental factors; and 10. Provide standards of conduct for all persons involved in the fisheries sector.

8.12 COMMISSION FOR CONSERVATION OF ANTARCTIC MARINE LIVING RESOURCES (CCAMLR) - 1982 The Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) was established by international convention in 1982 with the objective of conserving Antarctic marine life. This was in response to increasing commercial interest in Antarctic krill (Euphasia superba) resources, a keystone component of the Antarctic ecosystem. Being responsible for the conservation of Antarctic marine ecosystems, CCAMLR practices an ecosystem-based management approach. This does not exclude harvesting as long as such harvesting is carried out in a sustainable manner and takes account of the effects of fishing on other components of the ecosystem. CCAMLR is with 25 Members and further 11 countries have acceded to the Convention. Based on the best available scientific information, the Commission agrees a set of conservation measures that determine the use of marine living resources in the Antarctic. Approximately only 15 of the above parties engage in fishing activities within the CCAMLR Area during the fishing season. Member States: Argentina, Australia, Belgium, Brazil, Chile, European Union, France, Germany, India, Italy, Japan, Korea, Namibia, New Zealand, Norway, Poland, Russia, South Africa, Spain, Sweden, Ukraine, UK, Ireland, USA, Uruguay

8.13 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES (CITES) OF WILD LIFE - 1973 The Convention on International Trade in Endangered Species of Wild Fauna and Flora, also known as the Washington Convention is a multilateral treaty, drafted as a result of a resolution adopted in 1963, at a meeting of the members of the International Union for Conservation of Nature (IUCN). The convention was opened for signature in 1973 and CITES entered into force on 1 July, 1975. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species in the wild and it accords varying degrees of protection to more than 34,000 species of animals and plants. In order to ensure that the General Agreement on Tariffs and Trade (GATT) was not violated, the Secretariat of GATT was consulted during the drafting process.

8.14 CONVENTION ON WETLANDS (RAMSAR CONVENTION) - 1971 The Ramsar Convention is named after the city of Ramsar in Iran, where the Convention was signed in 1971. It is the Convention on Wetlands of International Importance (CWII), especially as Waterfowl Habitat, an international treaty for the conservation and sustainable utilization of wetlands i.e. to stem the progressive encroachment on and loss of wetlands now and in the future, recognizing the fundamental ecological functions of the wetlands and their economic, cultural, scientific and recreational value.

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The convention was developed and adopted by participating nations at a meeting in Ramsar, Iran on February 2, 1971, hosted by the Iranian Department of Environment and came into force on December 21, 1975. The Ramsar List of Wetlands of International Importance now includes 2,122 sites (known as Ramsar Sites) covering 205,366,160 ha (507,470,800 acres). The nation with the highest number of sites is the United Kingdom at 169; the nation with the greatest area of listed wetlands is Canada, with over 130,000 km2 (50,000 sq mi), including the Queen Maud Gulf Migratory Bird Sanctuary of 62,800 km2 (24,200 sq mi). The Ramsar definition of wetlands is fairly wide, including “areas of marine water the depth of which at low tide does not exceed six meters” as well as fish ponds, rice paddies and salt pans. Presently there are 167 signatory nations, who meet every three years as the Conference of the Contracting Parties (CCP), the first held in Cagliari, Italy in 1980. Amendments to the original convention have been agreed to in Paris in 1982 and Regina in 1987. There is a standing committee, a scientific review panel and a secretariat, with the headquarters located in Gland, Switzerland, shared with the IUCN.

8.15 CONVENTION ON MIGRATORY SPECIES (CMS) OF WILD ANIMALS The Convention on the Conservation of Migratory Species (CMS) of Wild Animals (also known as Bonn Convention) aims to conserve terrestrial, aquatic and avian migratory species throughout their range. It is an inter-governmental treaty, concluded under the aegis of the UN Environment Program, concerned with the conservation of wildlife and habitats on a global scale. Since the Convention’s entry into force, its membership has grown steadily to include 119 (as of 1 April, 2013) Parties from Africa, America, Asia, Europe and Oceania. As the only global convention, specializing in the conservation of migratory species, their habitats and migration routes, CMS complements and cooperates with a number of other international organizations, NGOs and partners in the media as well as in the corporate sector. Migratory species threatened with extinction are listed on Appendix-I of the Convention. CMS Parties strive towards strictly protecting these animals, conserving or restoring the places, where they live, mitigating obstacles to migration and controlling other factors that might endanger them. Besides establishing obligations for each nation joining the Convention, CMS promotes concerted action among the States of many of these species. Migratory species that need or would significantly benefit from international cooperation are listed in Appendix-II of the Convention. For this reason, the Convention encourages the States to conclude global or regional Agreements. In this respect, CMS acts as a framework Convention. The Agreements may range from legally binding Agreements to less formal instruments, such as MOU and can be adapted to the requirements of particular regions. The development of models tailored according to the conservation needs throughout the migratory range is a unique capacity to CMS.

8.16 CONVENTION FOR PRESERVATION OF FAUNA AND FLORA IN THEIR NATURAL STATE - 1933 The Convention Relative to the Preservation of Fauna and Flora in their Natural State, also known as the London Convention of 1933, was an early agreement among colonial powers for the

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conservation of nature. As one of the 1st general conservation agreement in Africa and the 1st to specifically protect a plant species, it has been called the Magna Carta of wildlife conservation and “the high point of institutionalized global nature protection before the Second World War”. The agreement was effective from 1936, ratified by Belgium, Egypt, Italy, Sudan, South Africa, UK, British India, Tanganyika and Portugal.

8.17 INDIAN OCEAN FISHERY COMMISSION (IOFC) - 1967 IOFC was established by Resolution 2/48 adopted by the FAO at its 48th Session in June, 1967 under Article VI (1). IOFC’s area of competence is the Indian Ocean and adjacent seas excluding the Antarctic area. This area coincides with FAO Statistical Areas 51 and 57. The Commission covers all living marine resources. With the establishment of the Indian Ocean Tuna Commission, the future activities of IOFC are substantially reduced. Species other than tuna in the Indian Ocean are geographically localized and may be managed by smaller fishery bodies at sub-regional levels. Membership of IOFC is open to all Member Nations and Associate Members of FAO. The present members of IOFC are: Australia, Bahrain, Bangladesh, Comoros, Cuba, Djibouti, Egypt, Ethiopia, France, Greece, India, Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kenya, Korea, Kuwait, Madagascar, Malaysia, Maldives, Mauritius, Mozambique, Myanmar, Netherlands, Norway, Oman, Pakistan, Portugal, Qatar, Saudi Arabia, Seychelles, Somalia, Spain, Sri Lanka, Sudan, Sweden, Tanzania, Thailand, UAE, UK, USA and Vietnam.

Objectives and Activities The objectives of IOFC are to promote, assist and coordinate national programs over the entire field of fishery development and conservation; to promote research and development activities in the area through international sources, in particular through international aid programs and to examine management problems, with special emphasis on the management of offshore resources. IOFC does not have regulatory powers. The 3 remaining subsidiary bodies of the Commission, i.e., Committee for the Development and Management of the Fisheries Resources of the Gulfs, Committee for the Development and Management of Fisheries in the Southwest Indian Ocean, and Committee for the Development and Management of Fisheries in the Bay of Bengal, are well placed to manage other fishery resources of the Indian Ocean at sub-regional levels. They would need a proper mandate to do so, while some minor adjustments to their geographical coverage would ensure that major fishing areas of the Indian Ocean are covered by them.

8.18 INDIAN OCEAN RIM ASSOCIATION (IOR- ARC) - 1997

FOR

REGIONAL

COOPERATION

The Indian Ocean Rim Association for Regional Co-operation (IOR-ARC), initially known as the Indian Ocean Rim Initiative, is an international organization with 20 member nations. It was 1st established in Mauritius on March, 1995 and formally launched on 6-7 March, 1997, by the

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conclusion of a multilateral treaty known as the Charter of the Indian Ocean Rim Association for Regional Co-operation. The objectives of IOR-ARC are as follows: 1. To promote sustainable growth and development of the region and member nations 2. To focus on those areas of economic cooperation which provide maximum opportunities for development, shared interest and mutual benefits 3. To promote liberalization, remove impediments and lower barriers towards a freer and enhanced flow of goods, services, investment and technology within the nations. The Association holds a Council of Ministers meeting once every two years. The working groups have business and academic representatives to ensure that different points of view and interests are fully reflected in the work program. In 2011, 6 priority areas of cooperation were identified, which include: 1. Maritime Safety and Security; 2. Trade and Investment Facilitation; 3. Fisheries Management; 4. Disaster Risk Management, 5. Academic, Science & Technology Cooperation; and 6. Tourism and Cultural Exchanges. IOR-ARC members undertake projects for economic cooperation relating to trade facilitation and liberalization, promotion of foreign investments, scientific and technological exchanges, tourism, movement of persons and service providers on a non-discriminatory basis and the development of infrastructure and human resources, poverty alleviation, promotion of maritime transport and related matters, cooperation in the fields of fisheries trade, research and management, aquaculture, education and training, energy, information technology, health, protection of the environment, agriculture, disaster management. Projects are undertaken under the umbrella of 3 separate working groups, namely: 1. The Working Group on Trade and Investment (WGTI); 2.

The Indian Ocean Rim Business Forum (IORBF); and

3. The Indian Ocean Rim Academic Group (IORAG).

8.19 INDIAN OCEAN TUNA COMMISSION (IOTC) - 1993 Indian Ocean Tuna Commission (IOTC) is an inter-governmental organization mandated to manage tuna and tuna-like species in the Indian Ocean and adjacent seas. Its objective is to promote cooperation among its Members with a view to ensure appropriate management, the conservation and optimum utilization of stocks and encouraging sustainable development of fisheries based on such stocks. The Agreement for the Establishment of the IOTC was adopted by the FAO at its 105th Session in Rome on 25 November 1993 and entered into force on 27 March 1996. The tuna resources in the Indian Ocean are the 3rd largest in the world and make a significant contribution to the food security throughout the region. The value of Indian Ocean tuna resources

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is estimated to be between US$ 2-3 billion annually. Sustainable use of the tuna and tuna-like resources of the Indian Ocean is one of the key economic growth prospects for developing coastal States in the region as well as being a crucial source of animal protein. Approximately half the tuna caught in the Indian Ocean region is by small-scale artisanal fishing fleets, within the EEZ of the coastal States. This contrasts with other tuna management organizations, such as the Western and Central Pacific Fisheries Commission, which are dominated by large industrial fleets. Membership of IOTC is open to Indian Ocean coastal countries and to countries or regional economic integration organizations, which are members of the UNO or one of its specialized agencies and are fishing for tuna in the Indian Ocean. Current members are Australia, Belize, China, Comoros, Eritrea, European Community, France, Guinea, India, Indonesia, Iran, Japan, Kenya, Korea, Madagascar, Malaysia, Maldives, Mauritius, Mozambique, Oman, Pakistan, Philippines, Seychelles, Sierra Leone, Sri Lanka, Sudan, Tanzania, Thailand, United Kingdom, Vanuatu and Yemen. Annual Sessions of the Commission are normally held in the 1st quarter of the year. The IOTC Scientific Committee meets annually several months prior to the Commission meeting in order for Commission members to act on the most recent scientific advice. Several working party meetings are held throughout the year as required.

8.20 INTERNATIONAL MARITIME ORGANIZATION (IMO) - 1959 The International Maritime Organization (IMO), formerly known as the Inter-Governmental Maritime Consultative Organization (IMCO) until 1982, was established in Geneva in 1948 and came into force 10 years later, meeting for the first time in 1959. Headquartered in London, UK, the IMO is a specialized agency of the UNO with 170 Member States and 3 Associate Members. The IMO’s primary purpose is to develop and maintain a comprehensive regulatory framework for shipping and its remit today includes safety, environmental concerns, legal matters, technical co-operation, maritime security and the efficiency of shipping. IMO is governed by an Assembly of members and is financially administered by a Council of members elected from the Assembly. The work of IMO is conducted through 5 committees and these are supported by technical sub-committees. Member organizations of the UN organizational family may observe the proceedings of the IMO. Observer status is granted to qualified non-governmental organizations also. The IMO is supported by a permanent secretariat of employees, who are representatives of its members. The secretariat is composed of a Secretary-General, who is periodically elected by the Assembly and various divisions, such as those for marine safety, environmental protection and a conference section.

Objectives The purposes of the Organization are: (as per Article-1): (a) To provide machinery for co-operation among Governments in the field of governmental regulation and practices relating to technical matters of all kinds affecting shipping engaged in international trade; to encourage and facilitate the general adoption of the

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highest practicable standards in matters concerning the maritime safety, efficiency of navigation and prevention and control of marine pollution from ships and to deal with administrative and legal matters related to the purposes set out in this Article; (b) To encourage the removal of discriminatory action and unnecessary restrictions by Governments affecting shipping engaged in international trade, so as to promote the availability of shipping services to the commerce of the world without discrimination; assistance and encouragement given by a Government for the development of its national shipping and for purposes of security does not in itself constitute discrimination, provided that such assistance and encouragement is not based on measures designed to restrict the freedom of shipping of all flags to take part in the international trade; (c) To provide for the consideration by the Organization of matters concerning unfair restrictive practices by shipping concerns in accordance with part II; (d) To provide for the consideration by the Organization of any matters concerning shipping and the effect of shipping on the marine environment that may be referred to it by any organ or specialized agency of the United Nations; and (e) To provide for the exchange of information among Governments on matters under consideration by the Organization.

Functions The functions of the Organization are: (i) Subject to the provisions of Article 3, consider and make recommendations upon matters arising under Article 1 (a), (b) and (c) that may be remitted to it by Members, by any organ or specialized agency of the UN or by any other intergovernmental organization or upon matters referred to it under Article 1 (d); (ii) Provide for the drafting of conventions, agreements or other suitable instruments and recommend these to the Governments and to inter-governmental organizations and convene such conferences as may be necessary; (iii) Provide machinery for consultation among the Members and the exchange of information among Governments; (iv) Perform functions arising in connection with paragraphs (a), (b) and (c) of this Article, in particular those assigned to it by or under international instruments relating to maritime matters and the effect of shipping on the marine environment; and (v) Facilitate as necessary and in accordance with part X, technical co-operation within the scope of the Organization.

8.21 INTERNATIONAL PLANT PROTECTION CONVENTION (IPPC)-1951 The International Plant Protection Convention (IPPC) is a 1951 multilateral treaty overseen by the FAO that aims to secure coordinated, effective action to prevent and to control the introduction and spread of pests of plants and plant products. The Convention extends beyond the protection

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of cultivated plants to the protection of natural flora and plant products. It also takes into consideration both direct and indirect damage by pests, so it includes weeds. The Convention created a governing body consisting of each party, known as the Commission on Phyto-Sanitary Measures, which oversees the implementation of the Convention. As of December 2013, the Convention has 181 parties, which includes 176 UN member states, the Cook Islands, Niue and European Union. The Convention is recognized by the WTO Agreement, on the application of Sanitary and Phyto-Sanitary Measures as the only international standard setting body for plant health. While the IPPC’s primary focus is on plants and plant products moving in international trade, the Convention also covers research materials, biological control organisms, germplasm banks, containment facilities, food aid, emergency aid and anything else that can act as a vector for the spread of plant pests: for example, containers, packaging materials, soil, vehicles, vessels and machineries. The IPPC created by the member countries of the FAO of the UN, places emphasis on 3 core areas: international standard setting, information exchange and capacity development for the implementation of the IPPC and associated international phyto-sanitary standards. Secretariat of the IPPC is housed at FAO headquarters in Rome, Italy and is responsible for the coordination of the core activities under the IPPC work program. In recent years the Commission of Phyto-sanitary Measures of the IPPC has developed a strategic framework with the objectives of: • Protecting sustainable agriculture and enhancing global food security through the prevention of pest spread; • Protecting the environment, forests and biodiversity from plant pests; • Facilitating economic and trade development through the promotion of harmonized scientifically based phytosanitary measures, and • Developing phytosanitary capacity for members to accomplish the preceding 3 objectives. By focusing the Convention’s efforts on these objectives, the Commission on Phyto-sanitary Measures of the IPPC intends to protect: • The farmers from economically devastating pest and disease outbreaks; • The environment from the loss of species diversity; • The ecosystems from the loss of viability and function as a result of pest invasions; • The industries and consumers from the costs of pest control or eradication; • The livelihoods and food security by preventing the entry and spread of new pests of plants into a country; and • Facilitate trade through International Standards that regulate the safe movements of plants and plant products.

8.21 INTERNATIONAL SEABED AUTHORITY (ISA)-1994 International Seabed Authority (ISA) was established in 1994 to regulate mining and related activities in the international seabed, beyond national jurisdiction, an area that includes most of

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the world’s oceans. The ISA came into existence upon the entry into force of the 1982 UNCOLOS, which codified international law regarding territorial waters, sea-lanes and ocean resources. The ISA is headquartered in Kingston, Jamaica and has more than 150 members. The supreme authority of the ISA is the assembly, in which all ISA members are represented. The assembly sets general policies, establishes budgets and elects a 36-member council, which serves as the ISA’s executive authority. The council approves contracts with private corporations and government entities for exploration and mining in specified areas of the international seabed, oversees implementation of the seabed provisions of the Convention on the Law of the Sea and establishes provisional rules and procedures (subject to approval by the assembly), by which the ISA exercises its regulatory authority. The secretary-general of the ISA is nominated by the council and is elected by the assembly to a 4-year term. The ISA’s annual plenary sessions, which usually last two weeks are held in Kingston. In 2006, the ISA established the Endowment Fund to Support Collaborative Marine Scientific Research on the International Seabed Area to assist and encourage scientists from developing countries to contribute to world marine studies. In 2008 additional efforts were made to recruit new members, to improve multinational cooperation and to raise funds.

8.23 INTERNATIONAL WHALING COMMISSION (IWC) - 1946 The International Whaling Commission (IWC) is an international body set up by the terms of the International Convention for the Regulation of Whaling (ICRW), which was signed in Washington, on 2 December, 1946 to “provide for the proper conservation of whales and thus make possible the orderly development of the whaling industry”. In 1982, the IWC adopted a moratorium on commercial whaling. Currently, Japan, Russia and a number of other nations oppose this moratorium. The IWC allows non-zero whaling quotas for aboriginal subsistence and also member nations may issue ‘Scientific Permits’ to their citizens. Japan has issued such permits since 1986; Norway and Iceland were under objection to the moratorium and issue their own quotas. In 1994, the Southern Ocean Whale Sanctuary was created by the IWC. The main work of the IWC is to keep under review and revise as necessary the measures laid down in the Schedule to the Convention, which governs the conduct of whaling throughout the world. These measures, among other things, provide for the complete protection of certain species; designate specified areas as whale sanctuaries; set limits on the numbers and size of whales which may be taken; prescribe open and closed seasons and areas for whaling and prohibit the capture of suckling calves and female whales accompanied by calves. The compilation of catch reports and other statistical and biological records is also required. In addition, the Commission encourages, co-ordinates and funds whale research, publishes the results of scientific research and promotes studies into related matters such as the humaneness of the killing operations.

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8.24 MARPOL (MARINE-POLLUTION) 73/78 (Prevention of Marine Pollution from Ships-1973, as modified by the 1978-Protocol for Disposal of shipbased wastes). The International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), adopted in 1973 and modified by the Protocol of 1978, is the main international convention aimed at controlling pollution from the shipping sector and it entered into force on 2 October, 1983. It covers all the technical aspects of pollution from ships, except the disposal of waste into the sea by dumping and applies to ships of all types, although it does not apply to pollution arising out of the exploration and exploitation of seabed mineral resources. The Convention regulates what quality and quantities of polluting substances that ships may discharge into the sea, taking into account the ecological sensitivity of different sea areas. Plastics are in no case allowed to be disposed of at sea. It has been ratified by 108 states corresponding to 89% of the world tonnage (July, 2002). The North Sea, the Baltic Sea and the Wider Caribbean regions have all been designated as so-called Special Areas. In accordance with the regulations for Special Areas, discharges of garbage (except food waste) into the sea are prohibited. However, food waste can be discharged into the sea no less than 12 nautical miles from the nearest land. It is further required that all ships of 400 GRT and above or ships certified to carry more than 15 persons, develop and follow a written garbage management plan. Such a plan should have been developed by 1 July, 1997 and include the following: • Description of the collection, processing, storage and disposal of each type of waste generated by the ship and waste that may be further categorized by local requirements, e.g., hazardous and medical waste; • A list of waste management techniques available and to be employed by the ship; • Provisions for the discharge of garbage in compliance; and • Designation of the person responsible for carrying out the plan.

8.25 MONTREAL PROTOCOL (MP) - 1989 The Montreal Protocol on Substances that Deplete the Ozone Layer (a protocol to the Vienna Convention for the Protection of the Ozone Layer) is an international treaty designed to protect the ozone layer by phasing out the production of numerous substances believed to be responsible for ozone depletion. The treaty was opened for signature on September 16th, 1987, and entered into force on January 1st, 1989, followed by a first meeting in Helsinki, May, 1989. Since then, it has undergone 7 revisions: in 1990 (London), 1991 (Nairobi), 1992 (Copenhagen), 1993 (Bangkok), 1995 (Vienna), 1997 (Montreal) and 1999 (Beijing). It is believed that if the international agreement is adhered to, the ozone layer is expected to recover by 2050. Due to its widespread adoption and implementation, it has been hailed as an example of exceptional international co-operation, with Kofi Annan quoted as saying that “perhaps the single most successful international agreement to date has been the Montreal Protocol”. The 2 ozone treaties have been ratified by 197 states and the EU making them the 1st universally ratified treaties in UN’s history.

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The treaty is structured around several groups of halogenated hydrocarbons that have been shown to play a role in ozone depletion. All of these ozone depleting substances contain either chlorine or bromine (substances containing only fluorine do not harm the ozone layer). For all the ozone depleting substances, the treaty provides a timetable on which the production of those substances must be phased out and eventually eliminated.

8.26 NETWORK OF AQUACULTURE CENTERS IN ASIA-PACIFIC (NACA) India is a member of Network of Aquaculture Centers in Asia-Pacific (NACA), which is an intergovernmental organization to promote rural development through sustainable aquaculture. Current member nations are Australia, Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Iran, Korea, Lao, Malaysia, Myanmar, Nepal, Pakistan, Philippines, Sri Lanka, Thailand and Vietnam. NACA seeks to improve rural income, increase food production and foreign exchange earnings and to diversify farm production. The ultimate beneficiaries of NACA activities are farmers and rural communities. The core activities of NACA are: • Capacity building through education and training; • Collaborative R and D through networking among centers and people; • Development of information and communication networks; • Policy guidelines and support to policies and institutional capacities; • Aquatic animal health and disease management; and • Genetics and biodiversity. NACA policy is determined by the Governing Council composed of high officials representing the member governments. The Governing Council regularly meets once a year and formulates NACA’s 5-Year Regional Work Program, the FAO being a non-voting member. The NACA Agreement provides for other international and government assistance agencies to be non-voting members by invitation. NACA conducts development assistance projects throughout the region in partnership with governments, donor foundations, development agencies, universities and a range of non-government organizations and farmers. NACA supports institutional strengthening, technical exchange and the development of policies for sustainable aquaculture and aquatic resource management.

8.27 NUCLEAR TEST BAN TREATY (NBT)-1963 This international agreement reflected diplomatic attempts to stabilize international relations in the early 1960s as well as public fears of radioactive fallout. Pressures to limit the radioactive fallout from open-air testing of nuclear weapons dated back to 1954. Scientists, journalists and intellectuals throughout Europe and the US raised awareness about the harmful effects of nuclear radiation. Various nations, including American President Eisenhower, recognized the need to respond to growing public fears.

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On 10 May, 1955, the USSR included a ban on nuclear tests as part of a general disarmament proposal. Over the time, the USSR leadership backed away from many elements of this offer. The US rejected the proposal because it lacked a system of inspections for verifying adherence to the test ban. Eisenhower feared that the USSR government would take advantage of its closed society, to test nuclear weapons in secrecy. The US suffered from an asymmetry of secrecy, because of America’s democratic culture; its leaders could not act with the same secrecy employed by USSR. In 1958, the US, UK and USSR, the 3 existing nuclear powers, announced unilateral bans on nuclear testing in response to public pressure. Each government sought to show that it was more enlightened than its counterparts. Each government also resumed tests by the end of the decade, fearful that its Cold War adversaries would gain a technical lead in the arms race through additional experiments with nuclear warheads. In the early 1960s, negotiations for a nuclear test ban gained momentum for reasons beyond the public’s fears of radioactive fallout. After years of recurring crisis surrounding the status of US-dominated West Germany, located deep within the territory of communist East Germany, US and USSR sought new mechanisms for stabilizing their relationship. Military rivalry between the super-powers had become too dangerous in a world with huge nuclear arsenals, capable of destroying life on the entire planet many times over. The dangers of the Cuban Missile Crisis in October 1962 pushed both the US president John Kennedy and USSR premier Nikita Khrushchev to pursue new mechanisms for accommodation. A nuclear test ban treaty served this purpose. It became an important symbol of amicable relations between Cold War adversaries. The agreement negotiated during the summer of 1963 in Moscow by President Kennedy’s ambassador at large, William Harriman and the USSR leadership recognized the Cold War status quo in Europe. It emphasized the need for restraint instead of continued crisis on this divided continent. Officially signed by the leaders of the US, USSR and UK on 5 August, 1963, the Nuclear Test Ban Treaty prohibited future nuclear tests in the atmosphere, in space and under water. Due to continued difficulties with verification, the treaty allowed for underground tests. While the signatories continued to explode ever larger warheads beneath the ground, they never again exploded a nuclear weapon in the open air. This greatly reduced radioactive fallout across the globe and it also helped to lessen the tensions that grew with competing exhibits of nuclear powers during a prior period of above ground tests. The initial signatories attempted to convince the leaders of France and China to sign the treaty. The former had tested its 1st nuclear device (on 13 February, 1960) and the latter prepared for its 1st nuclear explosion (on 16 October, 1964). Leaders in US, UK and USSR hoped that a global ban on above-ground nuclear tests would prevent France, China and other nations from developing nuclear arsenals of their own. By refusing to sign the treaty, France and China indicated that they would not accept continued nuclear domination by the US, UK and USSR. In the subsequent decades other Nations have followed France and China’s lead: including Israel, India and Pakistan. There have been very few occasions, however, when these states tested nuclear warheads above ground. The nuclear test ban treaty did not prevent further nuclear proliferation but it slowed this process, stabilized Cold War tensions and created an international norm against nuclear tests in the open air.

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8.28 SOUTH ASIAN ASSOCIATION FOR REGIONAL COOPERATION (SAARC)-1985 South Asian Association for Regional Cooperation (SAARC) is an organization of South Asian nations, which was established on 8 December, 1985, when the governments of Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka formally adopted a charter providing for the promotion of economic and social progress, cultural development within the region and also for friendship and cooperation with other developing countries. It is dedicated to economic, technological, social and cultural development, emphasizing collective self-reliance. Afghanistan joined the organization in 2007. Meetings of heads of state are usually scheduled annually; meetings of foreign secretaries twice annually. It is headquartered in Kathmandu, Nepal and the objectives of the Association as defined in the Charter are: • To promote welfare of people of South Asia and to improve their quality of life; • To accelerate economic growth, social and cultural development in the region: • To provide all the opportunity to live in dignity and to realize their full potential; • To promote and strengthen self-reliance among the countries of South Asia; • To ensure mutual trust, understanding/appreciation of one another’s problems; • To promote active collaboration and mutual assistance in the economic, social, cultural, technical and scientific fields; • To strengthen cooperation with other developing countries; • To strengthen cooperation among themselves in international forums on matters of common interest; • To cooperate with international/regional organizations with similar aims; and • To maintain peace in the region.

8.29 TREATY BANNING NUCLEAR TESTS IN ATMOSPHERE, IN OUTER SPACE AND UNDER WATER (PARTIAL TEST BAN TREATY-PTBT) - 1963 In 1954, India made the 1st proposal calling for an agreement to ban nuclear weapons tests. In 1958, US, USSR and UK began a Conference on the Discontinuance of Nuclear Tests in Geneva, aimed at reaching at an agreement on an effectively controlled test ban. The Conference did not come to reality because they could not reach an agreement on the issue of verification procedures. On 5 August 1963, the Partial Test Ban Treaty (PTBT) also known as the Limited Test Ban Treaty (LTBT) was signed in Moscow by the US, USSR and UK, which entered into force from 10 October 1963. The Treaty requires Parties to prohibit, prevent and abstain from carrying out nuclear weapons tests or any other nuclear explosions in the atmosphere, in outer space, under water or in any other environment, if such explosions cause radioactive debris to be present outside the territorial limits of the State that conducts an explosion; to refrain from causing, encouraging or in any way participating in the carrying out of any nuclear weapon test explosion or any other nuclear

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8.30 TREATY ON PROHIBITION OF EMPLACEMENT OF NUCLEAR WEAPONS AND OTHER WEAPONS OF MASS DESTRUCTION ON SEA-BED AND OCEAN FLOOR AND IN SUBSOIL THEREOF (SEA-BED TREATY) - 1972

8.31 UNITED NATIONS CONVENTION ON LAW OF SEA (UNCOLOS) - 1994

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UNCOLOS, which took place between 1973 and 1982. The Convention defines the rights and responsibilities of the nations in their use of the world oceans, establishing guidelines for businesses, the environment and the management of marine natural resources. The Convention replaced the 1958 treaties and came into force in 1994. As of October 2012, 164 countries and the European Union have joined in the Convention. While the Secretary General of the UN receives instruments of ratification and accession and the UN provides support for meetings of the states party to the Convention, the UN has no direct operational role in the implementation of the Convention. There is however, a role played by its organizations like the International Maritime Organization (IMO), the International Whaling Commission (IWC) and the International Seabed Authority (ISA).

8.32 UNITED NATIONS FISH STOCKS AGREEMENT (UNFSA) - 1995 The UN Fish Stocks Agreement (1995) for the Implementation of the Provisions of the UNCOLOS of 10 December, 1982, relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks was adopted on 4 August, 1995 and entered into force on 11 December, 2001. The purpose of the Agreement is to facilitate the implementation of certain provisions of the 1982 Convention, concerning the conservation and management of straddling fish stocks and highly migratory fish stocks. The Agreement complements the 1993-FAO Agreement to Promote Compliance with the International Conservation and Management Measures by Fishing Vessels on the High Seas i.e. 1993-FAO Compliance Agreement and the 1995-FAO Code of Conduct for Responsible Fisheries.

8.33 UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC) - 1994 The Convention on Climate Change sets an overall framework for inter-governmental efforts to tackle the challenge posed by the climate change. It recognizes that the climate system is a shared resource, whose stability can be affected by industrial and other emissions of carbon dioxide and other green-house gases. The Convention entered into force on 21 March, 1994. The Convention enjoys near universal membership. Under the Convention, governments: • Gather and share information on green-house gas emissions, national policies and best practices; • Launch national strategies for addressing green-house gas emissions and adapting to expected impacts, including the provision of financial and technological support to developing countries; and • Cooperate in preparing for adaptation to the impacts of climate change. In 1992, countries joined an international treaty, the UN Framework Convention on Climate Change, to cooperatively consider what they could do to limit average global temperature increases and the resulting climate change and to cope with whatever impacts were by then inevitable.

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By 1995, countries realized that emission reductions provisions in the Convention were inadequate. They launched negotiations to strengthen the global response to climate change and 2 years later, adopted the Kyoto Protocol. The Kyoto Protocol legally binds developed countries to emission reduction targets. The Protocol’s 1st commitment period started in 2008 and ended in 2012. The 2nd commitment period began on 1 January, 2013 and will end in 2020. There are now 195 Parties to the Convention and 192 Parties to the Kyoto Protocol. The UNFCCC secretariat supports all institutions involved in the international climate change negotiations, particularly the Conference of the Parties (COP), the Conference of the meeting of the Parties (CMP), the subsidiary bodies (which advise the COP/CMP) and the COP/CMP Bureau (which deals mainly with procedural and organizational issues arising from the COP/CMP and also has technical functions). The question of what happens beyond 2020 was answered by Parties in Durban (2011). Climate change is a complex problem which, although environmental in nature, has consequences for all spheres of existence on our planet. It either impacts on or is impacted by global issues, including poverty, economic development, population growth, sustainable development and resource management. It is not surprising that solutions come from all disciplines and fields of research and development. At the very heart of the response to climate change, however, lies the need to reduce emissions. In 2010, nations agreed that emissions need to be reduced, so that global temperature increases are limited to below 2 degrees Celsius.

8.34 WORLD HERITAGE CONVENTION – CONVENTION CONCERNING PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE - 1972 The General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) in its 17th session meeting in Paris from 17 October, to 21 November, 1972, adopted the Recommendation concerning the Protection at National Level of the Cultural and Natural Heritage on 16 November, 1972. The General Conference noted that the cultural heritage and the natural heritage are increasingly threatened with destruction not only by the traditional causes of decay but also by changing social and economic conditions, which aggravate the situation with even more formidable phenomena of damage or destruction. Considering that— 1. Deterioration or disappearance of any item of the cultural or natural heritage constitutes a harmful impoverishment of the heritage of all the world nations; 2. Protection of these heritage at the national level often remains incomplete because of the scale of the resources, which it requires and of the insufficient economic, scientific and technological resources of the country, where the property to be protected is situated; 3. The constitution of the organization provides that it will maintain, increase and diffuse knowledge, by assuring the conservation and protection of the world’s heritage and recommending to the nations concerned the necessary conventions; 4. The existing international conventions, recommendations and resolutions concerning cultural and natural property demonstrate the importance for all the peoples of the world, of safeguarding this unique and irreplaceable property, to whatever people it may belong;

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5. Parts of the cultural or natural heritage are of outstanding interest and therefore need to be preserved as part of the world heritage of mankind as a whole; and 6. In view of the magnitude and gravity of the new dangers threatening them, it is incumbent on the international community as a whole to participate in the protection of the cultural and natural heritage of outstanding universal value, by the granting of collective assistance which, although not taking the place of action by the State concerned, will serve as an efficient complement thereto. It is essential for this purpose to adopt new provisions in the form of a convention establishing an effective system of collective protection of the cultural and natural heritage of outstanding universal value, organized on a permanent basis and in accordance with modern scientific methods. Therefore it was decided, at its 16th session, that this question should be made the subject of an international convention.

8.35 WORLD TRADE ORGANIZATION (WTO) - 1995 The World Trade Organization (WTO) is an organization that intends to supervise and liberalize international trade. The WTO is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The goal is to help producers of goods and services, exporters and importers conduct their business. WTO is headed by its DirectorGeneral, who leads a staff of over 600 people in Geneva, Switzerland. The organization officially commenced on 1 January, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade (GATT), which commenced in 1948. The organization deals with regulation of trade between participating countries; it provides a framework for negotiating and formalizing trade agreements and a dispute resolution process aimed at enforcing participants’ adherence to WTO agreements, which are signed by representatives of member governments and ratified by their parliaments. The organization is attempting to complete negotiations on the Doha Development Round, which was launched in 2001, with an explicit focus on addressing the needs of developing countries. As of June, 2012, the future of the Doha Round remains uncertain: the work program lists 21 subjects in which the original deadline of 1 January, 2005 was missed and the round is still incomplete. The conflict between free trade on industrial goods and services but retention of protectionism on farm subsidies to domestic agricultural sector (requested by developed countries) and the substantiation of the international liberalization of fair trade on agricultural products (requested by developing countries) remain the major obstacles. These points of contention have hindered any progress to launch new WTO negotiations beyond the Doha Development Round. As a result, there have been an increasing number of bilateral free trade agreements signed. As of July, 2012, there are various negotiation groups in the WTO nations for the current agricultural trade negotiation, which is in the condition of stalemate.

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Unit

9

EXISTING REGULATORY FRAMEWORK IN INDIA FOR THE MARINE FISHERIES 9.1 PRELUDE The Indian subcontinent is endowed with vast and varied marine fishery resources, an approximate outline of which is broadly given below: • Total length of Coastline : 8,118 km • Exclusive Economic Zone : 2.02 million km² • Inshore Area (< 50 m depth) : 0.18 million km² • Continental Shelf : 0.50 million km² • Coastal fishing Villages: 3,288 nos. • Traditional Fish Landing Centers: 2,251 nos. • Minor Fishing Harbors: 33 nos. • Major Fishing Harbors: 6 nos. • Traditional Non-Motorized Craft: 2,08,000 nos. • Small-scale beach-landing craft fitted with outboard motors: 55,000 nos. • Mechanized crafts: 51,250 nos. (mainly bottom trawlers and purse-seiners) • Deep sea fishing vessels : 180 (80 are in operation). The marine fishery resources of Indian EEZ stand assessed at 3.93 million metric tons as per the estimate of 2000. This resource is distributed in in-shore (58%), off-shore (35%) and deepsea (7%) waters. The major share of this resource is demersal (2.02 million tons), pelagic (1.67 million tons) and oceanic (0.24 million tons) resources. The estimate also indicates that there is scope for further augmenting the marine fish production by about 1.2 million tons, if fishing is carried out deploying resource-specific vessels, mainly in the high-seas. Another fact noticed is the depletion of marine resources in the coastal waters, which is either species specific or locationspecific, both resulting from unsustainable fishing pressure.

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9.2 INDIAN MARINE FISHERIES LEGISLATION IN BRIEF Except the age-old Indian fisheries Act-1897 and its implication in various forms in different states, holistic management and conservation regulations in marine fishery sector were virtually missing. The rapid expansion of the marine fishing fleet in form of mechanized boats and deep-sea trawlers, conflicts of interest between the mechanized boat operators and the traditional fishers using the non-mechanized boats, the high potential for development in this field and the responsibility of judicious use of the marine resources, have made it necessary to enact legislation for regulating fishing in the territorial sea. The Constitution of India favors a political structure in which both the powers and the responsibilities are appropriately divided among the union and the state governments and therefore carries the feature of federal governance. This clear demarcation of power to make rules has been clearly explained under article 246 of the Indian Constitution. Further state laws mentions fisheries as one of its prime subjects. Therefore, there are various key legislations under the state governments which deal with the regulation of fisheries and related sectors. Fisheries in the maritime states of India, within the territorial limits of 12 nautical miles, are within the state jurisdiction, dealt with under the Marine Fishing Regulation Act (MFRA). These acts are formulated on the guidelines provided by the model piece of legislation prepared by the Government of India, in the Ministry of Agriculture during 1979, which was encouraged by the fishers operating unpowered traditional fishing vessels, to safeguard their fishing space and equipments from the bottom trawlers. Some of the important management measures adopted under the MFRA are: the prohibition on certain fishing gears, regulation of mesh sizes of various fishing gears, establishment of closed season and protected areas, demarcation of no trawling zones, in addition to other measures like the use of Turtle Excluder Devices (TEDs) and designation of closed fishing areas (sanctuaries). Other than this, there are specific provisions regarding appointment of adjudicating officers and other enforcing officials as per the need and requirement of the acts, issuing of licenses upon meeting several standards, registration of fishing vessels, regulating the manner of fishing with least threat to the coastal environment, penalties and fines in cases of non-compliance of the rules and maintaining a balance between the operators of the mechanized boats and the traditional fishers using traditional non-mechanized boats. Such provisions have been set in place to conserve fish and to regulate fishing on a scientific basis and maintain law and order in the sea, especially in the territorial waters. The legislations made by the different states are quite successful in providing a proper framework for regulating the marine fishery sector. However, there are still many questions being raised about the implementation of these laws and this will remain a grey area for quite some time. However, in spite of above regulatory mechanism, excessive fishing pressure, especially in the coastal waters, has resulted in over-exploitation and collapse of many important fisheries.

Existing Regulatory Framework in India for the Marine Fisheries

Fig. 9.1. Map of India Showing Maritime States and Marine Resources

9.3 LEGAL FRAMEWORK

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Fig. 9.2. Traditional Fishing in the Coastal Waters

The regulatory measures formulated under the different acts and regulations by and large cover prohibition of exploitation of resources by destructive gears and methods. The important regulatory measures adopted are as follows: 1. Closed season-Seasonal ban on fishing. 2. Spatial closure-Delimitation of fishing zone. 3. Marine Protected Areas (MPAs) - marine sanctuaries. 4. Protection of endangered Marine Species (under Wildlife Protection) Act-1972. 5. Minimum Legal Sizes of Catch-ability - Minimum length/weight at capture. 6. Ban on Destructive Fishing Gears and Methods. 7. Minimum Mesh size regulation. 8. Use of Turtle Excluder Device (TED) in trawl-nets. 9. Restriction of number of boats operating from each landing center under MFRA. 10. Restriction in the number of fishing gears, which exploits juveniles in the backwaters, estuaries and shallow inshore waters.

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1. Closed Seasons

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120

2. Spatial Closures

Fisheries Legislation

Existing Regulatory Framework in India for the Marine Fisheries

Andaman and Nicobar Fishing Zone A: (up to 6 Islands (2003) nms) Traditional and mechanized boats up to 30 HP Gear to be used: (i) Gillnet above 25 mm mesh. (ii) Hook and Line. (iii) Shore seine/ drag nets above 25 mm mesh size. (iv) Fish traps. Lakshadweep (2004) Boats fitted with mechanized means of propulsion

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Fishing Zone – B (Territorial waters beyond 6 nms up to 12 nms). Vessels with engines above 30 HP. Gear to be used: (i) Gillnets above 25 mm mesh (knot to knot diagonally). (ii) Trawl nets fitted with TED. (iii) Long line, purse seine, squid Jigger. (iv) Hook & Line.

Prohibits the purse-seine, pelagic, mid water and bottom trawlers and ring-seine of mesh below 20 mm, except live-bait, drift gillnet of mesh 50 mm and shore seine below 20 mm mesh - in the specified area*.

* Specified area: Coral reefs around the islands and lagoons and the area in the seas around inhabited, uninhabited islands and submerged reefs and islets.

3. Marine Protected Areas (MPAs) Marine Protected Areas (MPAs) in form of Marine National Parks and Marine Sanctuaries are used by governments as instruments for the conservation and management of the coastal and marine biodiversity. The Convention on Biological Diversity (CBD) has set a target of bringing at least 10% of the oceans under protection in form of MPAs/ sanctuaries/ national parks by 2020. In order to protect the endangered marine species in India, certain areas have been declared as the wildlife sanctuaries, national parks and marine protected areas, as below: • Currently, there are 31 MPAs (majority in Andaman & Nicobar Islands) • The current area under MPAs is 6.16% of the area in the coastal bio-geographic belt, which is proposed to be expanded up to 7.12% in near future • Oil wells in Bombay High and Godavari Basin also function as MPAs. The Marine Sanctuaries cover an area of 457.92 km² and an area of 162.89 km² as Marine National Parks was notified in 1982. The total area of 326.26 km² around the Marine National Parks and Marine Sanctuaries has been identified as eco-sensitive zone, of which 208.58 km² is the area towards landward side, 105.14 km² towards sea and 12.53 km² is the area covered by the river estuaries.

4. Protection of Endangered Species (Under the Wildlife (Protection) Act-1972) India is a member of the Convention on International Trade in Endangered Species (CITES) of Wild Fauna and Flora, which prohibits trade of these species or products there from by the member countries. Marine animals like the whales, dolphins, turtles, mollusks, corals, sponges and few other species (as listed below) are identified as the endangered species occurring along the Indian coast, fishery of which are totally banned under the Wildlife (Protection) Act-1972:

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Species/Group

Number

1.

Grouper fish

1 species

2.

Turtles

5 species

3.

Mollusks

24 species

4.

Elasmobranches

10 species

5.

Whales

All species

6.

Dolphins

All species

7.

Sea-cows

All species

8.

Sea-horses

All species

9.

Sea-cucumbers

All species

10.

Sponges and sea-fans

All species

11.

Corals

All species

5. Minimum Legal Sizes of First Capture Captures of young immature species, the future parental stock of the aquatic-world, are detrimental for the sustainability of the ecosystem. Killing them before their maturity, renewal of the population by self-multiplication is prevented without giving them scope for propagation, which is adverse for the overall productivity of the water body. As such, prevention of immature fishing, by specifying the minimum legal size at first capture, facilitates every species to breed at least once during their life time for renewability of the population. The minimum legal size of catch-ability for identified species is as follows: S.No.

Species

Weight (gram)/ Length (mm)

1.

Panulirus polyphagus

300 g

2.

P. homarus

200 g

3.

P. ornatus

500 g

4.

Thenus orientalis

150 g

5.

Pampus argenteus

200 g

6.

Octopus membranaceous

45 mm

7.

Loligo duvauceli

80 mm

8.

Sepia pharaonis

115 mm

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6. Ban on Destructive Fishing Methods Destructive methods of fishing like: dynamiting or use of other explosive substances, poisoning of water with noxious materials, construction and use of fixed engines has been banned under the Indian Fisheries Act as early as 1897. Few of the harmful fishing gears/ methods destroy the normal wellbeing of the aquatic ecosystem, by hindering the recruitment cycle of the aquatic fauna. Indiscriminate fishing by intensive fishing pressure is indicated at the outset by the low CPUE and smaller average size of the species captured, resulting often in complete collapse of some commercial fishery, ultimately resulting in the complete extinction of the targeted species. The destructive fishing gears/ methods are: • Fishing by Dynamites and other explosive substances • Poisoning by Cyanide and other poisonous substances • Pair-trawling in the Gulf of Mannar and Palk Bay • Operation of Thalluvalai (mini-trawl) in the Gulf of Mannar and Palk Bay • Night trawling is prohibited in Maharashtra and Kerala coast • Complete ban on gears like mini-trawl, mid-water-trawl and bull-trawl in Kerala • In Tamilnadu, fishing within 100 m below a river mouth is prohibited • In Odisha very small-meshed seine nets (locally called as the zero-net) used along the coastal belt, estuaries and back waters especially for collection of prawn juveniles has been banned by ordinance.

7. Mesh Size Regulation At present even though the regulations exists with regard to the minimum mesh size, it is not being strictly implemented, which leads to indiscriminate killing and exploitation of juveniles. Participatory approach involving the fishermen can lead to the effective implementation of mesh regulation. However, the various specifications of mesh-size for different gears prescribed by the maritime states are as below: S.No.

Name of the State

Name of the Fishing Gear

Minimum Mesh-size specified

1.

West Bengal (1993)

All gill nets

25 mm mesh size

Bag-nets/Dol-nets

37 mm mesh size

Shore-seine/dragnets

25 mm mesh size

2.

Andhra Pradesh (1994)

All the nets

15 mm mesh size

3.

Tamil Nadu (1983)

All nets

25 mm mesh size

Shrimp trawl nets

37 mm mesh size at cod end

Fish trawl nets

40 mm mesh size at cod end

Gill nets

150 mm mesh size

Trawl nets

40 mm mesh size at cod end

4

Gujarat (2003)

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5.

6.

7.

8.

Fisheries Legislation

Goa (1980)

Kerala (1980)

Lakshadweep (2004)

Andamand and Nicobar (2003)

All nets for prawn

20 mm mesh size

All nets for fish

24 mm mesh size

Bottom trawl

35 mm mesh size at cod end

Dip net

20 mm mesh size

Ring seine

20 mm mesh size

Purse-seines, ring-seines

20 mm mesh-size

Drift gill nets

50 mm mesh size

Shore seines

20 mm mesh-size

Pelagic, mid-water and bottom trawls

20 mm mesh-size at cod end

All Fishing nets

20 mm mesh size

Gill nets, shore-seines and dragnets

25 mm mesh size

8. Use of Turtle Excluder Device (TED) One of the major threats to marine turtles in the marine environment is incidental capture, injury and mortality during fishing operations, especially trawling. To address the interactions between the marine turtles and the trawl fishing gear, Turtle Excluder Devices (TEDs) are used. A “Turtle Excluder Device” is a grid of bars, with an opening either at the top or the bottom of the trawl net. The grid is fitted into the neck of a shrimp trawl. Small animals such as shrimp pass through the bars and are caught in the cod-end bag of the trawl-net. When larger animals, such as marine turtles and sharks are filtered in the trawl-net they strike the grid bars and are ejected through the opening. In Andaman, West Bengal, Odisha and Andhra Pradesh trawl-nets without Turtle Excluder Device (TED) are prohibited for the conservation of the sea turtles, especially the olive-ridley .

9.4 LEGAL INSTRUMENTS FOR MARINE FISHERIES Over the years the Government has enacted various legal instruments for the sustainability of the fisheries resources and to curtail indiscriminate, illegal and over-fishing. The Government has also taken care that the different sectoral and inter-sectoral conflicts may be prevented. The Union Government, however, also advises States on the enactment of legislation for fisheries under their jurisdiction. For example, the Marine Fishing Regulation Act (MFRA-1979) was adapted by all the maritime States, from a Bill that the Union Government had prepared and circulated during 1979. There are also several Central Government schemes for fish production and fishers’ welfare that are being implemented by the State Fisheries Departments. Other areas related to fisheries, such as the protection of wild animals and forests, including endangered species of wild-fauna (for example, whale-shark, marine-turtles, several species of bivalves) and flora (for example. mangroves), protection of the fragile coastal zone and marine biodiversity and prevention of land-based sources of pollution are on List III, of the Concurrent

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List, which places the responsibility on both the Union and the State Governments. List III also includes all minor ports other than major fishing harbors. Both the Indian Parliament and the Legislature of any State have powers to make laws with respect to the items in list III. The Ministry of Environment and Forests (MoEF) at the national level and the Forest Department at the State level are responsible for the protection of wild animals, forests and marine biodiversity. Minor fishing ports are under the Ministry of Shipping, at the Centre and the Port Departments at the State level. It is worth mentioning that the 73rd and 74th amendments to the Constitution of India provide gram-panchayats/local governing councils with the powers to perform functions mentioned in the 11th Schedule of the Constitution, in 29 subjects, including fisheries. 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 (south-east coast) has issued lease under this act for collection of coral lime-stone under this act with certain terms and conditions. Under the Indian Fisheries Act, 1897, the sedentary fisheries of chanks and pearl-oysters were declared as monopoly in the Gulf of Mannar and Palk Bay by the erstwhile Madras Presidency (now Tamilnadu in the south-east coast) and in the Gulf of Kutch by the Government of Saurashtra (now Gujarat in the north-west 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.

Fig. 9.3. One of the Trawler from Fishing Harbor Venturing into Sea for Fishing

Some of the major legal instruments in place are given below: The Indian Fisheries Act, No. IV of 1897, Government of India The Indian Fisheries Act as adopted and applied by the State of Saurashtra, 1897.

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The Mysore Game and Fish Preservation Act 2 of 1901, Government of Mysore The Game and Fish Protection Regulation Act 12 of 1914, Government of Travancore The Cochin Fisheries Act 3 of 1917 (modified 1921), Government of Cochin The Andaman and Nicobar Islands Fisheries Regulation 1 of 1938 The United Provinces Fisheries Act 45 of 1948 The Government of Travancore-Cochin Fisheries Act 34 of 1950 The Maharashtra Fisheries Act 1960 (modified 1962), Government of Maharashtra The Indian Fisheries (Pondicherry Amendment) Act 18 of 1965 The Indian Wildlife (territorial waters, continental shelf, Exclusive Economic Zone and other Maritime Zones) Act, 1972 The Marine Products Export Development Authority Act, 1972 The Territorial Waters, Continental Shelf, E.E.Z. and other Maritime Zone Act, I976 The Marine Fisheries Regulation Act, 1978 The Kerala Marine Fishing Regulation Act and Rules 1980 The Goa Marine Fishing Regulation Act, 1980 The Maritime Zones of India (Regulation of fishing by foreign vessels) Act, 1981 The Maharashtra Marine Fishing Regulation Act 1981, Government of Maharashtra The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Rule 1982. The Orissa Marine Fishing Regulation Act 1982 The Orissa Marine Fishing Regulation Rules 1983 The Tamil Nadu Marine Fishing Regulation Rules 1983 The Karnataka Marine Fishing Regulation Act, 1986 The Environment (Protection) Act, 1986 The Coastal Regulation Zone Notification; 1991 (as amended on 26th April 2003) The Andhra Pradesh Marine Fishing Regulation Act, 1994 The Wildlife (Protection) Amendment Act, 2002, The Biological Diversity Act, 2002, Act No18 of 2003 The Gujarat Fisheries Act, 2003 The Andaman and Nicobar Marine Fishing Regulation Act, 2003 The Lakshadweep Marine Fishing Regulation Rules, 2004 The National Environment Policy, 2004 The Comprehensive Marine Fishing Policy, 2004 The Coastal Aquaculture Authority Act, 2005 The Disaster Management Bill, 2005 The Supreme Court Interim Order: Uniform ban on fishing by mechanized boats and trawlers during the monsoon period

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9.5 COMPREHENSIVE MARINE FISHING POLICY-2004 (No.30012/1/2003 - FY (T-I), Government of India, Ministry of Agriculture, Department of Animal Husbandry & Dairying) The Geographic base of Indian marine fisheries has 8118 kms of coastline, 2.02 million km² of Exclusive Economic Zone (EEZ) including 0.5 million km² of continental shelf and 3937 numbers of fishing villages. There are 1896 traditional fish landing centers, 33 minor fishing harbors and 6 major fishing harbors which serve as bases for about 2,08,000 traditional non-motorized crafts, 55,000 small scale beach-landing crafts fitted with outboard motors, 51250 mechanized crafts (mainly bottom trawlers and purse-seiners) and 180 deep sea fishing vessels out of which 80 are in operation. The post-harvest infrastructure consists of freezing plants, canning plants, ice plants, fishmeal plants, cold storages and peeling sheds, which together cater to a sizable labor force of one million people engaged in fishing and another 0.8 million in the post-harvest operations. A large number of scientists, technocrats and other categories of personnel are involved in research, education, technology development and administration in marine fisheries. The estimated first sale value of the marine fish landings in the year 2000 was ` 10,200 crores. There is a lucrative and organized seafood export trade with the value of the export exceeding ` 6300 crores. A large number of fin fish and shell fish stock principally consisting of Sardines, BombayDuck, Ribbonfish, Indian Mackerel, Coastal Tunas, Seer Fishes, Penaeid and Non-Penaeid Shrimps, Stomatopoda, Cephalopods, Croakers, Threadfin Breams, Silver Bellies, Carangids, Trevallies, Leather Jackets, Scads and Horse Mackerel are exploited using different craft and gear combinations. Presently the estimated average annual landing of fish and shellfish is around 28 lakh tons. Marine fisheries within the territorial waters are the subject of maritime states, whereas fisheries beyond this limit within the EEZ fall in the jurisdiction of Central Government. The Central Government besides playing an advisory role also provides funding support to the States/ Union Territories for implementation of the Central Sector and Centrally Sponsored Schemes. The policy initiatives are required not only for making marine fisheries sustainable and responsible but also globally competitive, so that Indian producers stand to gain in international markets. This arrangement was appropriate until recently considering that only the resources close to the coasts of the maritime states were harvested. The global scenario with respect to marine fisheries is rapidly changing with major developments in harvesting and processing technology and consequent expansion of global markets for fish and fishery products. The Ministry of Agriculture has been paying due attention in the past decade for the development of deep-sea fishery in the country. The declaration of Exclusive Economic Zone in 1976, facilitated exploration, exploitation and utilization of marine living resources in the sea around India extending to 200 nautical miles, thereby giving the nation immense opportunities and challenges to harvest the resources and to manage them on sound scientific basis. The past three decades have witnessed rapid initiatives by the government and private agencies in the marine fisheries sector of the country. On realization that most of the deep sea fishery resources beyond the conventional fishing limit and fishing capability of the indigenous craft can be gainfully exploited, only if the upgraded and sophisticated vessels of adequate size and capabilities

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are inducted into the fishery and mobilization of capital and expertise indigenously, to achieve this was found difficult in short span of time, the Government addressed this issue in 1981 Charter Policy. After the expiry of five years of operation of this policy, the Government revised the policy to rectify the deficiencies noticed during its operation and to make it more beneficial to the country. Accordingly, a revised 1986 Charter Policy was pronounced. This Charter Policy envisaged acquisition of vessels by the Indian Companies either through import/ construction in India or through joint venture etc. As a result of the above Charter Policy, 97 companies were permitted to operate 311 foreign fishing vessels. Besides augmenting the marine fish production in the country, the policy also facilitated greater inflow of foreign exchange through export of fish caught by these vessels. All these vessels were operating on 100% EOU basis. The conditions for acquisition of vessels of adequate type and number by the Indian companies, who chartered vessels, helped the growth of Indian deep sea fishing fleet within a short span. Having laid the foundation for the Indian deep sea fishing industry, the government went ahead to broad base the initiatives through 1991 policy which envisaged joint venture, test fishing and leasing, besides allowing continuing the vessels chartered under 1986 policy, till the validity of their permits lasted. From the beginning of 1994, the Deep Sea Fishing Policy was criticized by various fishermen groups, mechanized fishing vessel owners, fish processors etc. In addition, a large number of representations from Members of Parliament and MLAs were addressed to the Ministry demanding to stop giving licenses under the New Policy. The fishermen groups also resorted to agitation stating that their operational area is being encroached upon by the larger vessels operating under charter, joint venture, lease etc., over-exploitation of the resources, underreporting of catch and damages to craft and gear of traditional craft. Therefore, the government appointed a committee to review the deep sea fishing policy, which submitted its report in 1996. The government with minor modifications accepted all the 21 recommendations of this Committee. As per this the Government rescinded all the earlier policies on deep-sea fishing. It was also decided that the fishing policies of the government should be revised from time to time. Accordingly, the Government of India subsequently constituted a few Committees in order to gather inputs on the availability of the fishing craft, status of marine fishing resources, issues relating to the various stakeholder groups etc. The marine fishing policy announced by the Govt. of India in the past focused only on the developmental needs of the deep-sea sector, leaving aside similar issues pertaining to the coastal sector to the respective marine states/ UT’s. Even though substantial assistance was channelized through Central and Centrally Sponsored Schemes in to the States/ UT’s for the development of coastal fisheries, non-existence of an integrated policy for this sector was found to hamper fulfillment of the national objectives. Therefore, in the present policy the Government seeks to bring the traditional and coastal fishermen also in to the focus, together with stakeholders in the deepsea sector, so as to achieve harmonized development of marine fishery both in the territorial and extra territorial waters of our country. The theme of comprehensive marine fishing policy is enshrined in the National Agriculture Policy promulgated by the Government. It is significant that the new policy is being pronounced during the initial years of the X Five Year Plan, the elements contained therein may be gainfully used by the implementing Departments in the Central and State Governments to reach the benefits to the stake holders.

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129

The broad policy objectives are: 1. To augment marine fish production of the country up to the sustainable level in a responsible manner, so as to boost export of sea food from the country and also to increase per capita fish protein intake of the masses, 2. To ensure socio-economic security of the artisanal fishermen, whose livelihood solely depends on this avocation. 3. To ensure sustainable development of marine fisheries with due concern for the ecological integrity and biodiversity.

Marine Fisheries Resources The marine fishery resources of the country’s EEZ stand assessed at 3.93 million metric tons as per the latest update of 2000. This resource is distributed in inshore (58%), off shore (34.9%) and deep sea (7%) waters. The major share of this resource is demersal (2.02 million tons) followed by 1.67 million tons of pelagic and 0.24 million tons of oceanic resources. The estimates also points to the fact that there is scope for further augmenting the marine fish production by about 1.2 million tons, if fishing is carried out deploying resource-specific vessels, mainly in the oceanic region. Another phenomenon noticed is the depletion of resources in the coastal sector, which is either species specific or location-specific, both resulting from unsustainable fishing pressure. The policy therefore underscores the need for a departure from the open access concept in the territorial waters besides putting in place stringent management regimes. Promoting exploitation in the deep sea and oceanic waters would be another approach for reducing fishing pressure in the traditional fishing areas.

Harvesting of Marine Fishery Resources 1. Harvesting of marine fish resources is categorized into three levels viz., the subsistence fishing, the small-scale fishing and the industrial fishing. 2. The policy advocates protection, consideration and encouragement of subsistence level fishermen and technology transfer to small scale sector and infrastructure support to industrial sector. 3. There would be exclusive area in terms of depth and (or) distance earmarked for nonmechanized (non-motorized) traditional craft. An area beyond this would be demarcated for mechanized and motorized craft. 4. The area for deep sea fishing vessels including all boats above 20 m OAL and fitted with inboard engine and having chilled or refrigerated fish hold, would be beyond the limits prescribed for the other two categories of vessels in (2) above. 5. Within the territorial waters, the demarcation of area for traditional, motorized and smallmechanized fishing vessels is the purview of the coastal state/union territory. Efforts would be made to harmonize the demarcation of reserved areas to the maximum extent possible, so that a uniform pattern is followed in all coastal states/UT’s.

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6. Encouragement to subsistence level fishermen would include scheme to motorize the traditional craft and also providing better material and technology for their traditional craft. The country has a very large fleet of traditional craft (181284 Nos.), motorization of the entire fleet may make fishing un-sustainable. The motorized craft with their operational limit would end up in overcrowding, whereby exerting too much fishing pressure in a limited area. The Policy therefore envisages motorization of about 50% of traditional craft allowing the rest to carry on subsistence fishing in the near shore waters. 7. The small-mechanized sector would be encouraged by providing incentives for acquisition of multi-day fishing units. 8. Deep sea vessels would be provided with infrastructure support in terms of landing and berthing facilities. The vessels, which are landing quality fish for export, would be provided with suitable incentive as in other export oriented agro-ventures. 9. As the bulk of incremental catch to augment annual marine fish production has to come from deep-sea sector and beyond EEZ limit, the Government would encourage introduction of more resource specific vessels of above 20 m length. 10. Proposals for import of resource-specific fishing vessels by wholly Indian owned enterprises would be screened and approval accorded for such imports by a designated authority in accordance with well laid out norms. These additional fishing units in the deep-sea sector would be for tuna fishing and squid jigging. 11. Special incentives would be provided for wholly Indian owned vessels for venturing into international waters and for concluding fishing arrangements with other nations under license etc. 12. Joint venture initiatives with specified equity norms for package proposals involving catching fish from the EEZ for processing at shore and export would be considered. 13. Fishing in Antarctic waters by Indian owned vessels or with equity participation or under license would be promoted by working out sustainable strategies. 14. The principle of Code of Conduct for Responsible Fishing Operations would be incorporated into every component activity. 15. Assessment of existing fishing capacity and plans for regulating or developing one or the other sectors of EEZ would be taken up. 16. The existing joint venture fishing vessels would be required to fully indigenize their operations as per the original proposal upon which permits were granted to these companies. No substitution for joint venture vessels would be permitted.

Post-Harvest Operations Total utilization of the harvested fish for food and non-food uses would be the central theme. Efforts would be made to fully comply with international requirements in post-harvest care of catch, so as to achieve highest standards in food safety. It would be also the concern of the Government to ensure that the post-harvest losses are minimized.

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1. Implementation of international quality regimes for ensuring food safety in fish and fishery products would be carried out through the nodal agency. A regulatory body would ensure monitoring and verification of compliance. Existing domestic standards for fishery products and by-products would be harmonized with the International Standards, so as to ensure quality of fish and fishery products for domestic consumption at par with global standards. 2. Packaging and bar coding would be made mandatory for authorized sale of fish and fish products through registered outlets for ensuring food safety. 3. Consumer rights would be given due attention in domestic trade of fish and fishery products. 4. Hygiene in fishing harbor/pre-processing and processing centers would be streamlined through legislation.

Resource Management Exploitation of living resources within 50 meters depth zone is showing symptoms of depletion and in certain belts in the inshore waters, it tends to cross optimum sustainable levels. The policy therefore advocates a stringent fishery management system to be in place. 1. Though the Marine Fishing Regulation Acts (MFRA’s) of coastal states and UT’s have adequate provisions for management of resources and fishing operations, it is often found falling short of effective implementation. This calls for a review of the situation and prescribing a fresh model bill on coastal fisheries development and management with a re-orientation on limited access in coastal marine sector through policy initiative, sound legislation and awareness creation. 2. Construction and introduction of new fishing units cannot go unchecked any more. All existing boat-building yards shall be registered and construction of any new fishing unit will be after obtaining a license. Standards for fishing vessel construction, especially for those below 20 m OAL, need to be developed and control would be exercised through new legislation. Provisions would be made to comply with requirement of registration of vessels and Standards of Training, Certifications and Watch keeping of fishing vessel personnel. 3. There will be closed season on both the coasts, the duration of which would be decided by a designated authority. Such closed seasons shall be uniform for neighboring states unless the geographic or climatic conditions warrant deviations. 4. There would be strict ban on all types of destructive methods of fishing. The designated authority would be competent to declare any method as destructive, after it is convinced so based on facts and data pertaining thereto. 5. Mesh sizes in different parts of the fishing gear would be regulated. Penalties would be fixed for violations of mesh regulations. 6.

The designated authority would, if found required doing so, decide the quota for different classes of fishing vessels in any region.

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7. Catching of juveniles and non-targeted species and discarding less preferred species once they are caught would be strictly prohibited through legislation. 8. Posting of observers on commercial fishing vessels and enforcing monitoring control and surveillance system (MCS) would be ensured. 9. A resource enhancement program will be taken up on priority. This would include setting up of multi-species hatcheries for producing seed as required for sea ranching. Designating certain areas as marine sanctuaries and regulating capture of brood stock from these locations would be implemented. 10. Open sea cage culture would be promoted to rear or fatten commercially important species of fishes. 11. Fish aggregating devices would be promoted as a community based activity.

Fishermen Welfare Fishing is the sole livelihood for about 10 lakhs fishermen households along the coastline and this policy attaches top priority to ensure their social security and economic well being. 1. A detailed enumeration of the fishermen of the entire country for making available all requisite data on the demographics of this sector would be considered. Each household would be given a card for easy identification and for settlement of claims. 2. Cooperative movement of fishermen would be strengthened and extended to areas where it is non-existent. Apex bodies of cooperatives of each state would be up-linked to the national body. 3. Uniformity in welfare schemes that are being implemented in different regions would be ensured. Schemes operated parallely by States and Centre would be rationalized. 4. Greater participation of cooperatives, NGOs and local self Governments would be sought in implementation of welfare schemes for fishermen, thereby reducing the direct role of Central and State Governments in the process. 5. Artisanal fisheries deploying OBMs and small-mechanized boats up to 12 m OAL would be treated at par with agriculture, while small scale fisheries involving mechanized boats less than 20 m OAL would be treated at par with small scale industries. Fishing vessels above 20 m OAL and fishing activity involving mother-ships or factory-vessels would be treated as industrial activity. The admissibility and extent of concessions for each category would be re-determined accordingly. 6. Full time/occasional fishermen whose household does not own a boat would be treated at par with landless laborers and would qualify for special care and protection. 7. Contribution towards insurance coverage and saving-cum-relief scheme would be restricted to the fishermen who do not own a boat. 8. Fishermen Housing Scheme of various descriptions would be unified and implemented as a master plan through a national agency. 9. Financing Institutions would be asked to give greater focus to this sector, so as to eliminate exploitation of fishermen by middlemen.

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10. Programs to improve safety at sea and also to have an early weather warning system in place would be chalked out. The sea safety issue also would be incorporated in to MFRAs for prompt enforcement.

Environmental Aspects The effect of environmental factors on the health of living resources needs increased attention in tune with the international awareness on the issue. Health hazards due to consumption of fish harvested from contaminated water is also becoming a matter of great concern in many parts of the world. The agencies responsible for legislation relating to environmental pollution will be urged to implement them more stringently so that the impact of pollution on fisheries can be minimized. Since all wastes: solid, liquid, radioactive or otherwise, find sea as their final destination, fisherman as the main stakeholder of the marine environment has to be sensitized against the land based pollution besides educating him in responsible fishing practices, which would cause the least disturbance to the marine ecosystem including mangroves. Consumers need also to be protected from the deleterious effects of consuming fish, contaminated with heavy metals and other hazardous chemicals discharged from industrial establishments. The policy therefore would lay stress on the following aspects: 1. In order to minimize impact on coastal waters by industrial effluents, close liaison need to be maintained with Central and State Pollution Control Board for considering suitable legislation for all industrial establishments discharging effluents in to the sea. Such regulations would be made to include Hazard Analysis and Critical Control Points (HACCP) in effluent discharge systems mandatory. 2. Coastal area protection by planting mangroves with a view to produce nurseries for shrimp and fish would be introduced as a participatory program with the active involvement of coastal people, particularly the fishing community. 3. The Coastal Regulation Zone (CRZ) notification would review the present zonation of areas, keeping in view the topography of each region and ensure that any human activity in the high tide limit (HTL), which may cause degradation of the coastal environment would not be permitted.

Infrastructure Development for Marine Fisheries Development of infrastructure for marine fisheries is of vital importance and should have an integrated approach. The facilities would inter alia include jetties, landing centers, provision for fuel, water, ice, repairs to vessels and gears. The concept of hygienic post harvest handling of fish would also be woven into the project. The policies in this direction would be as follows: 1. A master plan for the development of infrastructure for the next ten years would be drawn up. 2. Alternatives to the present system of financing of the infrastructure projects by the centre and the state with cost sharing would be tried out. Build-Operate-Own and BuildOperate-Transfer systems through private sector initiative also would be explored.

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3. Management of most of the facilities already created, calls for improvements in terms of internal resource generation, maintenance and upkeep. These issues would be subjected to a detailed study and suitable central legislation would be introduced if found necessary.

Legislative Support An enabling legal framework is an essential pre-requisite for proper management and control of fisheries sector. As at present the subject of fisheries is in the state list under Article 21 of the Indian Constitution, management and control of coastal fisheries is vested with the maritime states and union territories. At the same time the Union Government carries out management and control of the fishing activities beyond territorial limits in the EEZ. 1. Besides reviewing the existing legal frame work for regulating the fishing operations, introduction of additional legal instruments in areas such as operation of Indian flag vessels in the EEZ, introduction of new fishing units, ensuring conservation of resources, limited access fishery, fishery harbor management etc. would be resorted to. 2. In view of increase in the incidence of straying by small-mechanized boats into each other’s territorial waters and consequent confiscation and arrest of crew, a mutually agreeable system will be brought in place, with friendly neighboring countries to have a lasting solution to the problem. 3. Endorsing international laws and conventions in the marine fisheries sector and harmonizing the national laws with the international ones wherever necessary with active participation in the regional fisheries management bodies and greater cooperation amongst countries in the region would be given due attention. Participation in the Regional Fisheries Management Bodies (RFM) should be given due consideration for greater cooperation amongst the neighboring countries in the region. 4. Areas such as use of information technology, strengthening of database in marine fisheries, Human Resource Development, eco-labeling of marine products, would also be paid needed attention.

Policy for Development of Fisheries in Lakshadweep and Andaman Nicobar Islands The waters around these two Island Groups are rich in fish resource, which are currently exploited far below the exploitable limits. Fisheries: capture, post-harvest operations and marketing is still an important means of livelihood for the inhabitants of these islands. Sustainable development of fisheries is therefore considered of paramount importance for achieving the goals of food for all, economic growth and employment generation in these Islands’ employment and economic wellbeing. It is, therefore considered relevant to have the policy initiatives in respect of the two UTs are treated separately in the ensuing. The two Union Territories are having Exclusive Economic Zone, which either partially or wholly is in confluence with international waters. This makes these Island territories vulnerable to IUU Fishing by foreign flag vessels, besides being subjected to the long-term ill effects of unregulated fishing of the straddling and highly migratory species just outside the EEZ. This presupposes adoption of appropriate strategic options.

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UT of Lakshadweep Of the 36 Islands and a number of sunken banks and open reefs, only 10 islands are inhabited. The Islands do not have any rivers or creeks. These coral atolls with a total area of 32 km² has a lagoon area of 4200 km² and territorial waters of about 20,00 km² The EEZ around of Lakshadweep is about 4 lakhs km². Of a total population of about 60,000, five thousand are directly involved in fishing while another 3000 are indirectly engaged in fisheries related activities for their livelihood. There has been a steady growth of fish production, which once stood at 500 tons during 1950 has crossed 10000 tons in recent years. However, the present harvest is only about 10-12 % of the estimated fishable potential. 1. The scope for increasing fish production from the UT of Lakshadweep with a view to address the need for employment generation in the Islands necessitate providing the required infrastructure in the Islands for stepping up fishing operations. 2. Steps would therefore be taken to increase the fishing units up to sustainable level, while taking care to replicate the optimized design with proven success in the Islands territory. An increased supply of fishing units would attract a large number of unemployed youths towards fishing. 3. An increase in the fishing units would place greater demands on the infrastructure and delicate consumable supply base of the Islands. This would also exert pressure on live bait resources besides impacting on the product marketability both within the Islands and the mainland markets. About 85% of the fish caught currently is made up of skipjack and the yellow-fin tuna resource is almost unexploited, since the technology for deep long lining is not prevalent in the Islands. 4. Policy for augmenting the fish production from the Islands therefore would include diversification of fishing techniques by popularizing deep water long-lining for yellowfin tuna, besides promoting increase in pole and line vessels to the sustainable limits. 5. Introduction of collector vessels for servicing the augmented long-line fleet and development of infrastructure in the strategic uninhabited Islands/reefs for providing service to the fishermen during fishing season would be taken up. 6. Intensifying the traditional processing techniques of smoke/drying (masmin production) would be supplemented by providing facilities for refrigerated/chilled sea water storage of the catch for transportation to the mainland prior to export. This would also serve the dual purpose of saving fire-wood, an essential input for producing masmin. 7. Expansion of the existing canning plant in Minicoy as a joint venture initiative would be considered. 8. With the changing life style, the domestic demand for masmin is also dropping and product diversification and locating export market for improved variants of masmin would be taken up. 9. Creation of shore-based infrastructure for berthing and landing is constrained by the fragile nature of the coastline, scarcity of electricity, unviable cost of transporting inputs from the mainland and the potential for pollution. However, essentially required

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infrastructure would be created, which the carrier vessels and the supply vessels would supplement. 10. New generation fishing boats licensed for fishing in the EEZ would be encouraged to fish in the Lakshadweep waters. 11. Incorporating tagging techniques etc would intensify monitoring of the fishery resource. 12. Ornamental fish breeding and coastal cage aquaculture would be developed with a community orientation.

UT of Andaman and Nicobar Islands In contrast to the Lakshadweep the A&N Islands are typically oceanic in nature, volcanic in origin, characterized by low range of hills and valleys. The Islands has a coastline of 1912 km and continental shelf area of 3500 km². The EEZ around the Islands measuring about 6 lakhs km² accounts for 28% of the total EEZ of the country. Out of a total population of 3.56 lakhs, about 2500 full-time fishermen and 400 part-time fishermen are engaged in marine fishing. The present landing of 28000 metric tons forms only 11% of the exploitable fishery potential of 2.43 lakhs tons. 1. Apart from the large gap between the potential and production, the strength of the Island group lies in its rich marine biodiversity, strategic geographic location, nearness to the south-east Asian markets and entrepreneurship. 2. Further development of coastal fisheries would be achieved through introduction of improved type of fiberglass craft and improved gear and introduction of intermediate class of fishing vessels. 3. Offshore fisheries would be developed through introduction of large deep sea fishing vessels. 4. Infrastructure needs for harvest and post-harvest operations would be developed in identified Islands. 5. Joint venture initiatives would be allowed for package proposals consisting of harvest and post-harvest operation to be based in the Islands with a view to improve the employment potential. 6. A major fishing harbor and processing complex would be set up at Campbell Bay to attract investment. 7. Fishery resources survey will be conducted systematically to continuously monitor the fishery resource and its state of health. 8. Human resources development in the sector would be given priority to develop skilled manpower needed for meeting the specialized requirement.

9.6 GUIDELINES FOR OPERATION OF DEEP SEA FISHING VESSELS IN THE INDIAN EEZ Permission in writing (LOP) is required from the nodal Ministry for operating any fishing vessel in Indian EEZ. Taking into consideration the present level of exploitation, presently permission is accorded only for the following fishing methods:

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(a) Long Lining for tuna (b) Tuna Purse Seining (c) Squid jigging and squid hand lining (d) Mid-water pelagic trawler (e) Trap Fishing (f) Hook and Line Fishing (g) Pole and Line Fishing (h) The operation of Indian deep sea fishing vessels will be governed by the executive orders issued/ to be issued from time to time. (i) The area of operation of the deep sea fishing vessels will be regulated by the instructions/ orders issued by the GOI from time to time. 1. Fishing would not be allowed between the coast line and the line joining the following points: Off Orissa, West Bengal Coast (i) 19o 20‘ N-85o30‘E, (ii) 20o N-86o56‘E, (iii) 20o42‘ N-88oE, (iv) 21o8‘ N-89o7‘E and (v) 21o16‘ N-89o14‘E Off Maharashtra and Gujarat Coast line (vi) 22o 54’ N – 67o 33E, (vii) 21o 33’ N – 68o 56E, (viii) 19o 2’ N – 72o E, (ix) 18o 33’ N – 72o E and (x) 18o N – 72o 31 E Off Kerala and Tamil Nadu Coast line (xi) 7o 45’ N – 77o E, (xii) 7o 45’ N – 78o E, (xiii) 7o 30’ N – 78o E and (xiv) 7o 30’ N – 77o E 2. Fishing will be permitted only beyond 24 nautical miles between the Nizampatnam (Andhra Pradesh) and Paradeep Port (Odisha). 3. 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 0800 hrs daily or any other time specified by the authority. 4. 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. 5. Mid-sea transfer of fish catch and bunkering will be governed by Reserve Bank of India regulations in this regard. 6. The operator shall furnish an undertaking (Annexure-B) 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 will not violate the Code of Conduct for Responsible Fisheries. 7. The operator should take clearance from the Government for assignment of foreign crew. Details in respect of each foreign crew (name, father’s name, passport no., nationality

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and designation) should be submitted to this Ministry at least 2 weeks ahead of their assignment. 8. The letter of permission should not be transferred to any other company or individual unless specifically approved by the Government. 9. The vessel should engage in no activity other than fishing in the Indian EEZ and should confine to the area demarcated for their operation and should not encroach into areas demarcated for mechanized and traditional fishing craft as prescribed by the Central/ State/UT Government through Marine Fishing Regulation Acts (MFRAs) notification/ executive order, etc. from time to time and will not be permitted to fish in the areas mentioned in clause No. 3 herein above. The vessels will not be allowed to fish in Indian EEZ at any particular coast at any particular time during such ban periods as notified by the Government from time to time. 10. All the vessels should be fitted with INMARSAT ‘C’ or comparable terminal with GPS facility as prescribed by the Government. Vessel Monitoring System (VMS) shall be set up by each vessel within the period to be stipulated by the Govt. of India. 11. The base port for operation of vessel would be any one on east coast and one on the west coast. 12. Government reserves the right to inspect the vessel and machinery and equipments on the vessel and shore based processing plants of the company at any time without notice. 13. The operator should submit the voyage report in the prescribed format (as at Annexure ‘A’) to Fishery Survey of India, Mumbai within 15 days from the date of completion of each voyage. 14. The vessel at any time, should not engage in fishing within the territorial waters of India. 15. Any change in foreign crew is to be reported to the Coast Guard Headquarters. 16. The operator should give prior intimation to this Ministry to leave the Indian EEZ to any foreign port. 17. In addition to these guidelines any executive orders and regulatory measures notified by the Union/State Governments regarding the fishing operations in the Indian waters from time to time would be binding on these vessels. 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 are not followed or violated and shall have the right to seize the vessel

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Fig. 9.4. Boat Returning from Sea with Bumper-Catch

9.7 OCEAN POLICY STATEMENT (1982) The Union Government created the Department of Ocean Development (DOD) in July 1981. The Government of India in 1982 issued the Ocean Policy Statement in which control, management and utilization of the resources available in the ocean and development of appropriate technologies to harness these resources have been emphasized. From March 1982, the DOD has been functioning as the nodal department for the Ocean Policy Statement. The Ocean Policy Statement sets out basic principles through which the development of ocean is to be carried out, which are as follows: 1. The oceans are known to be our last frontiers. Our long coast and the sense of adventure of our ancients fostered a great maritime tradition. The Indian Ocean which washes our shores provides opportunities which need to be utilized. For success in ocean development, the entire nation should be permeated by the spirit of enterprise and the desire to explore the frontiers of knowledge. Our experience in other fields of science will help our efforts in ocean development. What is necessary is a policy and structure to facilitate a dynamic thrust, keeping in view the developments in other parts of the world. 2. The adoption, by an overwhelming majority of nations of the Convention of the UNCOLOS has established a new international order for the oceans. This extends the economic jurisdiction of coastal states up to an area of 200 nautical miles from the coastline. According to this regime, nearly 2.02 million square kilometers of area or nearly two-third of the land mass has come under India’s national jurisdiction. In this area, the exclusive right to utilize the living and non-living resources is vested with the nation. Besides, India has been recognized as ‘Pioneer Investor’ in an area of up to 1,50,000 square kilometers in the deep seas for the recovery and processing of poly-metallic nodules.

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3. For ages, the sea has enabled our people to sail to near and distant lands and has been a source of livelihood to large number of people. Even now, Indian public and private enterprises do use ocean resources for economic prosperity. The country is producing significant quantities of fish and hydrocarbons from the sea and much scientific work has been done in collecting basic knowledge and information about the sea and the seabed and in surveying, charting and exploiting it. Progress has also been made in construction and development of offshore structures. 4. The vastness, complexity and uncertainty of the ocean environment call for a coordinated, centralized and highly sophisticated development response. This should be based on adequate knowledge of marine space (sea-bed, water and air columns) as a fundamental prerequisite to the control, management and utilization of the rich and varied natural resources available in the sea. In addition to basic knowledge to determine the potentialities inherent in the Indian sea-space, we have to develop appropriate technologies to harness these resources and supporting infrastructure has to be built. Effective systems of management and control of the entire set up are also necessary. 5. We need to map living resources, prepare an inventory of commercially exploitable fauna and to map and assess the availability of mineral resources from the deep sea. The supporting infrastructures and incentives required are research vessels of different types, skilled manpower, well-laid out programs of resource exploitation, advanced technology and everything necessary to promote the growth of ocean technology. In the management sector, the high seas and the EEZ up to 200 nautical miles have to be looked into for the exploitation of the wealth occurring therein. 6. The main thrust should be on the optimal utilization of living resources like fish, shellfish and sea weeds, exploitation of non-living resources such as hydrocarbons and heavy placer deposits, harnessing of renewable resources of ocean energy from waves, temperature differences in the water column, tidal heights, salinity gradients and the collection and processing of poly-metallic nodules from the deep sea. 7. Marine development is linked with scientific and technological achievements in other areas. Hence, while we develop basic marine science and technology, i.e. technology for marine environment, our technological advances have to be geared up to the utilization and preservation of the marine environment. The extension of national frontiers by an area of 2 million sqr kms of ocean space and the consequent access to new sources of energy, minerals and food, requires great strides in ocean engineering, especially in tasks related to structures, materials, instrumentation, submersibles and systems of propulsion of ships. The exploitation of natural food resources such as fish, shell-fish and sea weeds and the generation of additional food resources by cultivation, need scientific methods of aquaculture and mariculture. To survey and predict the ocean environment, the main tasks necessary are seafloor mapping, charting, geodesy, ocean dynamics, currents, waves, cyclones, marine fauna, chemistry and physics of the oceans and seabed mineral mapping, delineation and assessment. Research in all these areas must examine the various processes and their origins, so as to have a fundamental understanding, ensuring predictive capabilities. Marine science and technology has also to look beyond the current state-of-the-art to achieve major technological break-through in the future.

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8. Besides research and development in basic sciences, we should survey the deeper part of the ocean. Similarly in the deep sea, detailed survey and sampling in the regions of EEZ and the adjacent ocean will be necessary to locate and evaluate the rich and economically viable deposits of poly-metallic nodules, heavy metals, fossil placers and phosphorite deposits. The gathering of data from surveys should be coordinated and a cost-effective system of integrated surveys be established. 9. Much more needs to be done for the development of indigenous technology for the exploitation of fish from deeper waters. This also means setting up of infrastructure facilities and services to operate large sized fishing vessels. 10. An important component of the development program should be acquisition of technology. To be self-reliant, such technologies would have to be largely developed, tested and operated indigenously. Technologies relating to instrumentation of diving systems, position fixing and position maintenance, materials development, oceanic data collecting devices, anti-erosion capable submersibles, energy and energy-saving devices are priority items. Several new technologies will have to be commercialized and made cost effective. 11. Infrastructural support forms an essential pre-requisite for ocean development. The variegated infrastructure already available in the country will have to be appropriately augmented and more particularly in basic supporting facilities like safety and rescue at sea, navigational chains, communication network, development of appropriate maps and charts etc. Infrastructural support for providing a complete and reliable information system, through a network of data centers on marine resources, processing and marketing systems, advanced technologies and financial assistance would also be necessary. This requires the broadening and strengthening of available infrastructural facilities. Provision of adequate ports and harbors, ship-building and ship-repair facilities will be needed, in addition to adequate skilled manpower in various sectors of development. 12. Surveillance and conservation of the marine environment and its resources call for an integrated legal framework and its concomitant enforcement. Several laws have already been formulated regarding the maritime zone, fisheries etc. The Coast Guard Organization looks after the enforcement aspects of several of these legislative measures. The coordinating mechanisms of the overall structure of legislation will have to be suitably strengthened under the aegis of the Department of Ocean development. 13. In the light of this, we must have a database to coordinate efforts made by different ministries and associated agencies. This is all the more necessary because of the rapid growth of information in ocean science and technology. A centralized data system will be set up by the Department of Ocean Development with proper mechanism for collection and dissemination of information acquired both indigenously through different ministries and associated agencies and from foreign sources. 14. The creation of a self-reliant technological base puts a heavy demand on fully trained personnel in various dsciplines. The training of skilled manpower is to be adequately

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planned. Young scientists, technologists and engineers will be encouraged to participate in the program of ocean development and steps will be taken to induce Indian scientists from within the country and abroad to participate in it. 15. Existing agencies will have to be appropriately strengthened to meet the demands of this growing challenge. The Department of Ocean Development will function in conjunction with other concerned ministries and associated agencies, as a focal point to promote institutional capability in areas where significant work is lacking. The complex program that ocean development entails, will require well designed management and institutional extension of the Department of Ocean Development with sufficient powers vis-a-vis other agencies to help proper and speedy ocean development, which enables India to be in the forefront of the international effort. This would also mean close cooperation with both developing and developed countries, in a spirit of understanding of the concept that the oceans are a common heritage of humankind.

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10

Unit

EXISTING REGULATORY FRAMEWORK IN INDIA FOR THE INLAND FISHERIES 10.1 PRELUDE The Indian sub-continent, in spite of being blessed with rich natural resources due to its great geographical location, unfortunately is facing serious challenges of poverty, unemployment and overpopulation. Fishing and aquaculture cannot be considered as a simple economic activity; it is an important means of providing livelihood and food security to over 1.5 million fishers, in addition to others indirectly dependent on this sector. The Indian subcontinent is of vast expanse with total geographical area of 3.30 million km2, the ambient climate varying from temperate in the north to warm tropical in the south, being endowed with bountiful inland fishery resources, both in the fresh water as well as in the brackish water sector, a broad outline of which is given below: • Rivers and canals : 0.20 million kms • Area under reservoirs : 3.15 million hectares • Bheels, flood plain lakes and derelict water bodies : 0.82 million hectares • Brackish-water Area : 1.24 million hectares • Estimated annual production potential : 4.50 million tones. In the developed countries the inland water resources are used mostly for recreational fishery but in a developing country like India, these vast inland water bodies can augment fish production, ensuring food security by mitigating the problems of protein deficiency and malnutrition. About 70% of the total 0.71 million inland fishermen are dependent on rivers, reservoirs, lakes and other inland waters for earning their livelihood. Due to lower income and underemployment, these fishermen live in acute poverty, being the most vulnerable of the rural society. Compared to the capital-intensive aquaculture, open-water capture fisheries are highly labor-intensive, with potentials to provide sizable employment to the weaker sections. For augmenting inland fisheries production and development of the inland fishermen as the stakeholders, the significance of water lies in the fact that water in the inland resources like

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the rivers, reservoirs and wetlands, serve as the natural habitat for the fishes. Therefore, these pristine waters preserve the biodiversity of the aquatic flora and fauna, conserving the original germplasm. India is gifted with one of the richest ichthyo-biodiversity of over 2200 species alone, apart from rich species diversity of prawns/shrimps, lobsters, crabs, oysters, clams, cockles and sea-weeds. For suggesting any policy for inland fisheries development, it is essential to understand the structure and mechanism of water quality and availability, since fisheries without water cannot be conceived at all. Moreover, water for its multi-faceted utilities is a precious natural resource in itself, containing within it the vast and varied fisheries resources. In nature both the water and fisheries are dynamic resources, the former being inorganic in nature, nurtures within it the latter, which is living, sensitive, hidden, mobile, migratory and renewable.

Fig. 10.1. Traditional Fishing in Inland Water

10.2 ISSUES CONFRONTED BY THE CAPTURE FISHERIES Capture fisheries comprise complex human activities within the overall national economy and within the society in general. The programs dealing with this subject are generally targeted for multiple objectives, which are not necessarily compatible. This leads to compromises based entirely on their own merits. Since the conditions within which, the fisheries are considered as highly dynamic, the plan of action must be explicit with clear demarcation of comparative advantages and relative merits. It therefore follows that for optimal utilization of the capture fisheries resources, appropriate conservation and management measures based on scientific evidences should be undertaken. Such an approach should necessarily be based on ethical considerations, with due respect for ecological, social and economical stability and sustainability. Further, well-balanced legal frameworks and industrial structures are also essential for achieving the objectives set forth. Such a concept applies to both the capture and culture fisheries and is of particular importance, where

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there is competition among local fishers and between the commercial and recreational fisheries and where there is intense competition from other land and water users. In order to address issues related to the small scale fisheries, an integrated approach through and with the participation of the fishing communities, is often the best way of channeling technical, financial and other forms of assistance. For the development of national large-scale fisheries, a workable balance should be set up between the potential and needs of the artisanal and the large-scale operators. It is in this context of changed fisheries regime in both the developed and the developing countries that an attempt is being made to briefly discuss the ethical, social and legal issues facing capture fisheries. As indicated earlier, since fisheries science is a complex activity and in some cases rather abstract in character, involving different disciplines, social and economic conditions and highly site-specific ramifications, the issues described here are contiguous and overlapping within the three groups. Most countries are experiencing problems of environmental degradation and progressive increase in the land and water scarcity. A recent FAO Report describes the main challenges for maintaining and enhancing inland fish production and associated social and economic benefits. As degradation of aquatic resources and environments, increasing competition for the resources and insufficient institutional and political recognition, the basic issues are described as: 1. Decreases in the availability of land, water and the assimilative capacity of the environment, 2. Open access characteristic of the available resources, 3. Multi-disciplinary management inciatives, 4. Mismatch between the administrative and management units and 5. Multiple resources dependency of the communities. In order to address these important issues, FAO has suggested to member countries a strategy of Integrated Resource Management (IRM). Overfishing is probably the most important problem facing capture fisheries. The tragedy of the commons, analytical model which is often used to explain the problems relating to fisheries development, covers other major issues like environmental degradation, pollution and unsympathetic attitude of the governments and other related agencies. Coastal fisheries get affected drastically by environmental degradation of the adjacent land, which can affect life cycles of the fish stocks, migration of fishes from fresh water systems to the sea and by population pressures leading to increased coastal subsistence fishing. A major portion (above 60%) marine production is known to be from the stocks which go through critical phases in their life history in fresh/coastal waters. There are strong evidences to indicate that due to the stresses caused by human interventions, the capture fisheries of inland water systems in India have been adversely affected. Specific instances relate to reports of decline in Gangetic fish stocks, depletion of stocks in some areas of the Godavari and the Cauvery river systems and the Chilka and Pulicut lakes. The decline in the Mahseer fishery in the upland rivers has been another cause for concern. The causative factors have been identified and what is necessary is to arrest the decline of fish germplasm resources. Present and future strategies have been worked out and a determined effort in this direction is urgently called for.

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Traditional conservation of inland fisheries in India has been practiced, though not on a wide scale. One good example is observation of closed seasons. In West Bengal, for instance, consumption of the prized Hilsa has been religiously prohibited after the Durga-pooja till Saraswathi-pooja, the period corresponding to the breeding season of the fish Hilsa. However, the above religious taboo is hardly observed in present days, due to the multi-ethnic nature of the population, especially in the urban pockets. Some of the exotic fishes introduced into the country for increasing production from confined waters by broadening the species spectrum, have established themselves in some of the natural waters, especially the reservoirs. Specific examples are: Silver-carp replacing major carps and contributing to more than 80% of the catches in Govindsagar, Tilapia contributing major share in the catches from Amravati reservoir and Common carp overtaking native fishes in Kashmir and Manipur. Experts have opined that out of more than 300 species of fishes introduced in India for culture, i.e. for ornamental and biological purposes, only the Trout has been found positively contributing to our capture fishery system, both ecologically as well as productively. Such a scenario calls for extreme caution and strict analysis, before introducing any more exotic fishes into the Indian natural waters. The negative human actions which have affected capture fisheries of Indian reservoirs, lakes and estuaries are known to be drastic water abstraction, progressively increasing pollution by domestic, municipal and industrial effluents, disruption of the fish breeding grounds, habitat destruction, over-exploitation, use of explosives, flood-control measures, siltation, artificial barriers affecting fish migration, tourism development, large scale destruction of fish seed incidentally caught as the bye catch with the prized species like shrimps and introduction of the exotic species. The legal frameworks of inland fisheries open waters suffers from the anomalies that these resources are categorized under land and are primarily governed by the land and revenue legislations in most of the states. Revenue, forest, water resource control many of these resources. Natural renewable resources like fish-stock depletes in the absence of effective governance, as soon as the exploitation pressure outstrips the biological capacity of sustaining the particular fish stock. Therefore, effective governance of the capture fishery is vital for the optimal and long-term use of these resources.

10.3 POLICY FRAMEWORK As indicated at the outset, while discussing the legislative framework for fisheries, the existing rules and regulations concerning the water as a resource has to be discussed, since fisheries without water cannot be conceived at all. The policy framework in India for management of water resources are enshrined in the National Water Policy (NWP-2002). The policy strategies advocated under NWP are technological inputs like: (a) Use of clean technologies and water pollution control systems, (b) Long-term strategy like setting up of resource/area specific water quality standards, (c) Time bound plans to prevent and control the water pollution, (d) Fiscal incentives for environmentally clean technologies,

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(e) Recycling and reuse of wastes and conservation of natural resources, (f) Operationalization of the “polluter pays” principle, and (g) Command control like enforcement of pollution control norms, environmental audit, environmental impact assessment and clearance of projects by the Ministry of Environment and Forest.

10.4 NATIONAL WATER POLICY (NWP-2002) 1. Water is a prime natural resource, a basic human need and a precious national asset. Planning, development and management of water resources need to be governed by national perspectives. 2. Water is pan of a larger ecological system. Realizing the importance and scarcity attached to fresh water, it has to be treated as an essential environment, sustaining all life forms. 3. Water resources available to the country, should be brought within the category of utilizable resources to the maximum possible extent. 4. Water resources development and management will have to be planned on hydrological basis, such as drainage basin as a whole, taking into account surface and ground water for sustainable use, incorporating quantity and quality aspects as well as environmental considerations. 5. Watershed management through extensive soil conservation, catchment area treatment, preservation of forests and increasing the forest cover and the construction of check-dams should be promoted. 6. With a view to give effect to the planning, development and management of the water resources on hydrological unit basis, along with a multi-sectoral, multi-disciplinary and participatory approach as well as integrating quality, quantity and environmental aspects, the existing institutions at various levels under the water resources sector, will have to be appropriately reoriented, reorganized and even created, wherever necessary. 7. In the planning and operation of systems, water abstraction priorities should be broadly as follows: Drinking water, Irrigation, Hydro-power, Ecology, Agricultural and non-agricultural industries, Navigation and other uses. However, the priorities could be modified or added, if warranted by the area or region specific considerations. 8. There should be a close integration of water-use and land-use policies. 9. Management of the water resources for diverse uses should incorporate participatory approach; by involving not only the various governmental agencies but also the users and other stakeholders, in an effective and decisive manner, in various aspects of planning, design, development and management of the water resources schemes. 10. Both the surface and ground water should be regularly monitored for quality. A phased program should be undertaken for improvements in water quality. 11. Effluents should be treated to acceptable levels and standards, before discharging them into the natural streams.

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12. Minimum flow should he ensured in the perennial streams, for maintaining ecology and social considerations. 13. Principle of ‘polluter pays’ should be followed in management of water pollution. 14. Necessary legislation is to he made for preservation of existing water bodies by preventing encroachment and deterioration of water quality. 15. While physical flood protection works like embankment and dykes will continue to be necessary, increased emphasis should be laid on constructional measures, such as flood forecasting and warning, floodplain zoning and flood proofing for the mitigation of floods and to reduce the recurring expenditure on flood relief. 16. The erosion of land, whether by the sea in coastal areas or by river waters inland, should be minimized by suitable cost-effective measures.

10.5 NATIONAL ENVIRONMENT POLICY (NEP-2006) In response to our national commitment for clean environment, mandated in the Constitution in Articles: 48-A and 51-A, strengthened by the judicial interpretation of Article 21, it is recognized that maintaining a healthy environment is not the state’s responsibility alone, but also that of every citizen.

Objectives The principal objectives of the NEP are enumerated below: (a) Conservation of Critical Environmental Resources: To protect and conserve critical ecological systems and resources and invaluable natural and man-made heritage, which are essential for life support, economic growth and a broad concept of human well-beings. (b) Intra-generation of Equity: Livelihood Security for the Poor: To ensure equitable access to the environmental resources and equality for all sections of the society and in particular to ensure that poor communities, which are most dependent on environmental resources for their livelihoods, are assured secure access to these resources. (c) Inter-generation of Equity: To ensure judicious use of environmental resources to meet the needs and aspirations of the present and future generations. (d) Integration of Environmental Concerns in Economic and Social Development: To integrate environmental concerns into policies, plans, programs lead projects before economic and social development. (e) Efficiency in Environmental Resource Use: To ensure efficient use of environmental resources in the sense of reduction of their use per unit of economic output, to minimize adverse environmental impacts. (f) Environmental Governance: To apply the principles of good governance (transparency, rationality, accountability, reduction in time and costs and participation) to the environment and regulation of use of environmental resources.

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(g) Announcement of Resources for Environmental Conservation: To ensure higher resource flows, comprising finance, technology, management skills, traditional knowledge and social capital, for environmental conservation, through mutually beneficial multistakeholder partnerships between local communities, public agencies and investors.

Action Plans Under NEP for Various Inland Waters The various action plans for different Freshwater Resources proposed under the national environmental policy are as follows:

For the Rivers 1. Promote integrated approaches to management of river basins, by the concerned river authorities, considering upstream and downstream inflows and withdrawals by season, pollution loads and natural regeneration capacities, to ensure maintenance of adequate flows and adherence to water quality standards throughout their course in all seasons. 2. Consider and mitigate the impacts on riverine flora and fauna and the resulting changes in the resource base for the livelihoods of multipurpose river valley projects, hydro-power plants and industries. 3. Consider mandating the installation of water-saving closets in the building bye-laws of the urban centers.

For the Wetlands 1. Set up a legally enforceable regulatory mechanism for identified valuable wetlands to prevent their degradation and enhance their conservation, development of an ‘inventory of all the wetlands’. 2. Formulate conservation regulation and prudent use strategies for each significant catalogued wetland, with participation of local communities and other relevant stakeholders. 3. Formulate and implement eco-tourism strategies for identified wetlands, through multistakeholder partnerships, involving public agencies, local communities and investors. 4. Take explicit account of impacts on wetlands of significant development projects during the environmental appraisal of such projects, in particular the reduction in economic value of wetland environmental services should be explicitly factored into cost-benefit analysis. 5. Consider particular unique wetlands as entities with ‘Incomparable Values’, in the developing strategies for their protection.

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Fig. 10.2. Fishing by Cast-net

10.6 ARE THE INTERESTS OF FISHERIES COVERED IN THE ABOVE POLICIES? The National Water Policy (NWP) of India stipulates that “Minimum water flow should he ensured in the perennial streams for maintaining ecology and social considerations”. However, the NWP also places ecology i.e. environment in the fourth order of priority. The sequences of priorities are the drinking water, irrigation, hydro-power and then environment. This means that at any particular occasion, the available water, after supplying the requirements of drinking, irrigation and hydro-power requirement, the need of the environment will be fulfilled. On the other hand, the concept of a minimum flow in the rivers stipulates that a certain quantity of water is to be let in, to maintain the minimum flow and all other requirements are to be supplied only after the balance if any, to upgrades the environmental requirements at 4th priority. Thus, it is seen that placing of environment at 4th priority in the NWP creates a conflict with the concept of minimum water flows. 1. Riverine and coastal water has not been adequately recognized in the conservation challenges under the NEP nor the fisheries sector. It may be noted that exotic fishes have been introduced into the inland waters bodies and have entered the riverine systems, without effective mechanism to examine ecological consequences, particularly on biodiversity conservation and other related aspects of the aquatic life. One major concern demanding the attention of policy makers is the question of water allocation after maintaining ecological services. Also as an environmental issue, the difficult problem of land-water linkage is not being addressed in the present water or land policies. The pressing problems of conservation and management of Inland fisheries are not being addressed in the policy document. For the aquatic organisms like fish, water serves as a habitat. If we take the example of irrigation and flood control, which has relevance to

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fish and fisheries, interesting set of supply side and demand side option come out. The demand side option would appear in most cases to be better choice for those interested in fish and fisheries (Arnell el al.-2001). For adaptation to the increased demand of water for irrigation, the supply side option aims at increasing supply. Increasing the water supply for irrigation is expensive and has potential environmental impact. For better management, supply side option includes, flood protection with dams and reservoirs. Another supply side option is to use catchment source controls to reduce peak flow: these are more effective for small floods. The demand side options aims at reducing demand. They include increase use efficiency through improved technology and high price for water and changes in cropping pattern by switching to crops that require less or even no irrigation. Demand side options include improvement in flood warning information and to focus on flood plain development. 2. The importance of riverine fisheries in maintaining ecological balance and providing nutritional and livelihood security to millions of inland fishers, is much greater than the gross national production figures suggested. 3. Most of the production is generated by small-scale activities, with very high levels of participation of men and women. In remote areas, riverine and associated fisheries are diffused, most of the produce is not commercialized and its huge socio-economic importance is not properly reflected in the national economic statistics. 4. Currently, India is the 2nd biggest inland fish producer in the world. However, though blessed with one of the richest riverine fish gene pools and a network of hundreds of rivers, floodplains, ox-bows and estuaries, the contribution of riverine and capture fisheries is declining sharply and many have collapsed, despite having a great potential to grow. The current riverine fishery is below subsistence level with an average yield of 0.3 ton per km, which is about 15% of their actual potential. 5. This is a matter of serious concern, since riverine fisheries are a mirror of overall riverine health. Rivers in India are facing multiple problems of severe pollution, over-extraction, encroachment, dams and barrages, which cut off the connectivity of the river with its associated ecosystems like oxbows, bheels, low lying swamps etc. climate-change, deforestation in the catchment areas etc.

10.7 LEGAL FRAMEWORK Some of the environmental laws of importance for the inland water resources are: 1. The Water (Prevention and Control of Pollution) Act. 1974, created the Central and State Pollution Control Boards (CPCB and SPCBs). 2. The Water Cess Act. 1977, amended in 2003 and its main attention is to enhance the finance of the CPCB and SPCBs by imposing a levy (Cess) on water, consumed by certain industries and by the local authorities. 3. The Environmental (Protection) Act. 1986, which empowers the Central Government to decide emission standards, restricting industrial sites, laying down procedures, safeguards

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for accident prevention and handling of hazardous effluents, investigation and research on pollution. 4. The Environment Inspection Act-1994, which empowered the Central Government to impose restrictions and prohibitions on installation or expansion of projects unless environmental clearance is granted. 5. Environment Standards, to reduce potential damage to human society in relation of health damages and to sensitive ecosystem (fauna and flora). 6. Environment Management System (EMS): requires adoption of standardized environment management practices, documentation and 3rd party verification. Adoption of EMS could significantly ease the burden of monitoring by PCBs and address the preference of environmentally conscious consumers, rather than ensuring adherence to environmental standards. Labeling schedule may involve review of the entire project cycle from sourcing of material to final disposal of the project.

Institutional Framework 1. At present, state governments generally plan, design and execute water supply schemes, since water supply and sanitation is the state responsibility under the Constitution of India. The states may give the responsibility and powers to the Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs). 2. In addition, a variety of different government institutions at the centre have a role in the management of drinking water supply. Ministries that have a mandate in water resource management are the Ministries of Water Resources, Industry, Power, Agriculture, Environment and Forests, Rural Development, Urban Development as the major stakeholders. 3. Other institutions that have a major role in the water resource quality management are Central Water Commission, Central Groundwater Board Authority, Central Water Quality Authority, Central and State Pollution Control Boards.

10.8 DEVELOPMENT OF INLAND FISHERIES LEGISLATIONS The foundation of fisheries legislation in India for the protection of fishes in open water was laid by the enactment of the Indian Fisheries Act by the Government of British India in 1897. The objective of the enactment was to prohibit the use of explosives, poisons and fixed engines in all open waters, empowering the State Governments, with the previous sanction of the Central Government, to make rules for any selected waters which are the property of the State, or to any private waters with the consent of the persons owning them or interested therein, This Act provides suitable penalties for the breach of law and it confers on person specially empowered by the State Government, power to arrest without warrant for offences against such rules. This Act shall be supplemental to any other enactment relating to fisheries in force, in the territories to which this Act extends.

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There is a general perception that the Indian Fisheries Act of 1897 is an inland fisheries act, but it provides that the word “water” includes the coastal sea within a distance of one marine league (3 nautical miles) from the approximate coast line, therefore meant for all waters inland and marine. The Indian Fisheries Act of 1897 has been adopted by different states, by promulgating Rules under Section 3 of this act and through various amendments. 1. The Indian Fisheries Act was adopted and applied by the erstwhile State of Saurashtra in the same year 1897 itself. 2. Erstwhile Punjab (before partition of India) was perhaps the 1st state to introduce inland fisheries legislation for the conservation of fisheries, by the enactment of the Punjab Fisheries Act-1914, later amended in 1941, 1966 and 1971. For regulating fisheries in canals and head waters separate rules were framed by Punjab during 1924. 3. Other northern states namely Himachal Pradesh, Haryana and Delhi follow more or less Punjab rules. The fishing rights of the public waters are put to open auction on or after 1st July every year and the period of lease extends from 1st September up to 21st August of the next year. 4. States like West Bengal, Uttar Pradesh, Andhra Pradesh, Madhya Pradesh, Karnataka, Kerala, Tamil Nadu and Jammu and Kashmir have some rules for inland fisheries conservation. 5.

The state of Rajasthan enacted its fisheries conservation legislation in 1984.

6. Uttar Pradesh observe ban on the capture and sale of brood fishes from 15th June to 31st July, of spawn from 15th July to 30th September and of juveniles (5.1 to 23.4 cm in length) from 15th July to 30th September. 7. In Madhya Pradesh, from 1953 fishing of IMCs and Mahseer of less than 22.9 cm length is prohibited. 8. In Madhya Pradesh, Himachal Pradesh, Delhi, Jammu and Kashmir, Karnataka and Tamil Nadu many riverine areas have been declared as sanctuaries. 9. Mesh regulations are imposed in Manipur and Andaman; nets having a minimum mesh size of one inch (Mesh-bar) are generally permitted for fishing in the reservoirs. 10. The use of explosives and poisons for the capture of fish is prohibited in the states of Jammu and Kashmir, Himachal Pradesh, Andhra Pradesh, Karnataka, Uttar Pradesh and Kerala. 11. From 2001, Assam has adopted suitable regulations for rehabilitation and stock enhancement in rivers and protection of spawning grounds therein. The Government has a policy for the Fish Seed Industry from 2001 to augment quality fish seed production and to protect the bio-diversity of the economically important indigenous fishes in the natural ecosystem by adequate conservation measures. To achieve these objectives, establishment of eco-hatcheries, standardization of size of brood-stock, partial replacement of brooders with wild-stock, prohibition of breeding and propagation of banned exotic fishes, registration of fish seed producers and growers, easy and unrestricted transport of fish seed in the state are prioritized.

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10.9 MODEL BILL FOR INLAND FISHERIES AND AQUACULTURE - 2005 The inland fisheries activities and aquaculture are state responsibilities, regulated by various states by the state fishery regulations, mostly based upon the antiquated Indian Fisheries Act-1897, which lacks necessary provisions for sustainable development and management of fisheries and aquaculture. Therefore Government of India, on the line of Model MFRA-1978-79, came up with a ‘Model Bill on Inland Fisheries and Aquaculture, to ensure sustainable fish production by providing necessary support and guidance to strengthen the inland fisheries regulatory framework. The highlights of the bill for various inland fisheries activities are:

Inland Fisheries 1. Control, ban, regulate destructive gears—The states should take precautions to regulate/ prohibit the use of destructive gears for bio-diversity protection/conservation. Harmful fishing practices/methods in inland waters should be curbed to prevent killing of juveniles, brooders and movement/migration of fish in any form. 2. Conservation of the resources/biotal stock—Notification of closed seasons for the open waters, inventory of deep river-pools for protection and maintenance of the parental stock, declaration of bio-diversity sensitive area as sanctuaries, protection of wetlands/floodplain lakes by check on obstruction in connectivity and encroachment, protection of livelihood of traditional fishers. 3. Leasing/licensing of open-waters—Lease period should be above 5-years for long term management prospective, fixation of rent/lease-value based on the production capacity, terms and conditions for regulation of fishing efforts, ban on dumping of solid wastes/ earth in water bodies.

Aquaculture (a) Certification of fish seed: Registration of fish-seed farms/hatcheries, setting up of fishseed committee to monitor and ensure supply of quality seed, restrictions on breeding and propagation of banned species. (b) Inter-state movement: Labeling of the seed consignments, inspection of the consignment, provisions for confiscation and destruction of the poor quality seeds. (c) Feed certification and quality control: Registration of the feed manufacturing units, quality certification of the feed, labeling of the feed composition to be made compulsory, restrictions on the use of hazardous chemicals, antibiotics in aquaculture. (d) Health monitoring and disease control: Monitoring of the occurrence and containment of diseases, disease diagnostics, reporting procedures.

Cold-Water Fisheries Restrictions on the obstructions of the cold-water streams, ban on destructive fishing practices, encroachments, pollution, fishing and fish selling during the closed season.

Environmental and Human Health Issues Systematic Environmental Impact Assessment (EIA) mandatory for all fisheries and aquaculture projects, assessment of health hazards of fishes produced in waste waters.

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Introduction of Exotic Species Restrictions on introduction, culture, breeding and propagation of prohibited exotic species, enforcement of quarantine norms.

General Guidelines The model bill provides guidelines for successful implementation of activities and issues like: responsible fisheries and aquaculture, domestic marketing of fish, institutional support, interdepartmental coordination, stakeholders’ participation for holistic management and conservation and stock enhancement.

10.10 WETLANDS (CONSERVATION AND MANAGEMENT) RULES-2010 Governance of wetlands involves 3 mutually interdependent systems: economic, political and administrative. It goes beyond government actions of decision-making, being influenced by fishers, villagers, cooperatives, community leaders, market agents, politicians, NGOs etc. In December 2010, the Ministry of Environment and Forests (MoEF) notified the Wetlands (Conservation and Management) Rules-2010, under the Environment Protection Act-1986. This was an attempt to fill a longstanding gap, as there was no specific legal mechanism to protect freshwater or inland wetlands (unlike coastal wetlands, which have a Coastal Regulation Zone Notification since 1991). Wetlands are critical for human development and wellbeing, especially in India, where a large number of people are dependent on them for drinking water, food and livelihood. Despite their immense importance, wetlands are one of the most degraded ecosystems globally. Research suggests that over-exploitation of fish resources, discharge of industrial and domestic effluents, fertilizers and pesticides from cultivable fields and uncontrolled siltation and weed infestation, among other reasons, have wiped out or severely damaged over 1/3rd of India’s wetlands. Wetland conservation has been accorded a high priority in India. Since 1987, the National Wetlands Conservation Program of India has been financially supporting wetland conservation activities all over the country. Under this program, 115 wetlands have been identified for conservation and management till date. India is also a party to the Ramsar Convention under which, 25 wetlands from India are included in the list of wetlands of international importance. Inland waterways in India are crucial in the lives of several hundred million people, not only for water but also for food, livelihoods, medicine, cultural sustenance and recreation. Equally important, they are home to unique, often endemic wildlife, many species of which are threatened. Yet they are amongst the most abused of the country’s ecosystems, “seriously threatened,” as the Rules say, “by reclamation through drainage and landfill, pollution (discharge of domestic and industrial effluents, disposal of solid wastes), hydrological alterations (water withdrawal and inflow changes) and over-exploitation of their natural resources resulting in loss of biodiversity and disruption in goods and services”. Though not explicitly mentioned, the serious threats include major hydro-electricity or irrigation projects, sand or bed mining, infrastructure projects and chemical run-off from agriculture.

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The Rules note that India is committed to “wise use” of wetlands under the Convention on Wetlands of International Importance (under the Ramsar Convention) and that the National Environment Policy-2006 recommends a regulatory mechanism to follow this up as also a national inventory of wetlands. Their intention is therefore to provide legal protection to the crucial ecological biodiversity, economic, social and cultural benefits that wetlands provide.

Fig. 10.3. The Wetland: a Home for innumerable Biodiversity

Wetlands Rules The Rules define wetlands, classify them into categories, specify prohibited and regulated activities and delineate various functions of the central and state agencies relevant to wetland use and conservation. The definition of ‘wetland’ used is quite broad: “An area of marsh, fen, peat land or water, natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salty, including areas of marine water, the depth of which at low tide does not exceed 6 meters and includes all inland waters such as lakes, reservoirs, tank, backwaters, lagoon, creeks, estuaries and manmade wetland”. Interestingly, it also includes “the zone of direct influences on wetlands that is to say the drainage area or catchment region of the wetlands,” but this is as determined by the proposed National Wetlands Authority. Three kinds of wetlands are excluded: ‘main river channels’, ‘paddy fields’ and ‘coastal wetlands’ that are covered under the Coastal Regulation Zone Notification. The notification further de-limits the kinds of wetlands covered to the following: 1. Ramsar and World Heritage Convention sites. 2. Wetlands in ecologically sensitive areas, including protected areas, reserved forests, wildlife habitats, mangroves, corals and coral reefs, areas of outstanding natural beauty, or historical/heritage areas and areas rich in genetic diversity.

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3. High altitude wetlands above 2,500 meters of 5 hectares and more. 4. Wetlands below this elevation of 500 hectares and more. 5. Any other wetland notified for the purpose. A number of activities are completely prohibited in these wetlands, including: reclamation, new industries (or expansion of existing ones), any activity related to hazardous substances (including chemicals and genetically modified organisms-GMOs), solid waste dumping, discharge of untreated wastes and permanent construction (other than boat jetties) within 50 meters. Exceptions to these can be made only with the permission of a central authority, to be set up under the Rules. A second set of activities can be carried out only with permission from the state government. They include water withdrawal, interrupting water sources in the catchment (including dams and diversion), harvesting of aquatic resources (living and non-living), aquaculture, agriculture, horticulture, dredging (except to remove silt), repair of existing buildings and infrastructure and several activities at levels that could be harmful to the wetland such as grazing, discharge of treated effluents, motorized boats and temporary facilities like pontoon bridges. The Rules establish a Central Wetlands Regulatory Authority, comprising officials from the Ministries of Environment and Forests, Tourism, Water Resources, Agriculture, Social Justice, the Central Pollution Control Board and four independent scientists. Its powers and functions include processing proposals for notification of wetlands, enforcing the Rules, granting clearances for regulated activities, determining the ‘zone of direct influence’, all in consultation with local authorities. It will also specify threshold levels for regulated activities and issue directions to the states for conservation and wise use.

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11

Unit

EXISTING REGULATORY FRAMEWORK IN INDIA FOR AQUACULTURE SECTOR 11.1 PRELUDE Aquaculture is the science dealing with the methods of cultivating aquatic organisms. Apart from fish other forms of aquaculture are concerned with growing of frogs, prawns/shrimps, crabs, mussels, oysters, seaweeds etc. Aquaculture produces more than 50% of the food fish production in the world. Fish culture/pisciculture are the growing of fishes in a well-planned way, with/ without feeding and fertilization to grow up to harvestable size after a definite gestation period. Aquaculture contributes almost 50% of the world’s food fish, out of which only Asia accounts for over 90% of the total aquaculture production of the world. Among the Asian countries, China is number one, followed by India which is the 2nd largest aquaculture producer globally. In India, the carps are the most important species for the fresh-water aquaculture and the shrimps (mostly Penaeus monodon) for the brackish-water aquaculture, contributing to the main bulk of the production. India’s aquaculture production has increased 4-fold in the last 2-decades. The 3 Indian major carps, catla (Catla catla), rohu (Labeo rohita) and mirigal (Cirrhinus mrigala) form the main bulk of production with over 2.6 million tons in 2007 (FAO, 2009). In recent years, India has diversified aquaculture production to include species of high value. The farming of the giant river prawn (Macrobrachium rosenbergii) has gained increased impetus in recent years, due to its high economic export value and with around 30000 tons farmed production through the use of monoculture practices. In addition, the development of brackish-water aquaculture has expanded to include the American shrimp Penaeus venamai, modern farming of which began only recently. The area devoted for shrimp farming extends to around 1,52,000 ha, producing approximately 100 000 tons, the majority of which is exported. Much of the fish farming in India utilizes low to moderate levels of inputs, especially organic-based fertilizers and feed. India utilizes only about 40 % of the available 2.36 million hectares of ponds and reservoirs for freshwater aquaculture and 13 % of the total available brackish-water resource of 1.2 million hectares, therefore offering great scope for significant expansion.

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India has over 8 000 km of coastline with immense potential for the development of mariculture, which has made a modest beginning only in the recent years with the culture of mussels and oysters. Considering the substantial contribution of aquaculture towards the socio-economic development in terms of income and employment generation, through the use of unutilized and under-utilized water/ human resources in several regions of the country, sustainable aquaculture practices have been accepted as a vehicle for rural development, food supply and nutritional security for the rural masses.

11.2 REGULATORY FRAMEWORK IN INDIA India is a sovereign, democratic, republic with federal structure, constituted by 28 states and 6 union territories. According to the Constitution of India, the state legislatures have the power to make rules and regulations with respect to a number of subject-matters, including water (i.e. water supplies, drainage and embankments, irrigation and canals, water storage and hydro-power), land (i.e. rights over land, land tenure, transfer and alienation of land), fisheries, along with the preservation, protection and improvement of the biotal stock and the prevention of animal diseases.

Fig. 11.1. An ideal Fish-seed Farm

As in many Asian countries, India did not have any legislation specific to aquaculture until very recently, till the CRZ notification during 1991 for regulating the coastal aquaculture. There are many regulations at the central/state level those are relevant to aquaculture. But the key laws relevant to aquaculture, which are the national legislations affecting aquaculture development in India, adopted by the central government can be summarized as below. Essentially, all these

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11.3 THE COASTAL REGULATION ZONE The Coastal Regulation Zone Notification No. SO-114-(E)-1991, issued under the Environment (Protection) Act, defines the entire coastal stretch of seas, bays, estuaries, creeks, rivers and backwaters from the lowest low-tide to highest high-tide line and the coastal land within 500 mtrs from the high-tide line on the land-ward side as the Coastal Regulation Zone (CRZ). Within the CRZ the setting up of new industries and the expansion of existing industries is prohibited, although exemptions are granted for activities that require direct waterfront or seafront access. Among the permitted activities, hatcheries are also included. On 11 December 1996, the Supreme Court ruled that the shrimp culture industry is covered by the prohibition of the Coastal Regulation Zone Notification and that no shrimp culture pond can be constructed or set up within the CRZ and within 1000 meter of Chilika Lake and Pulicat Lake (including bird sanctuaries at Yadurapattu and Nelapattu), except traditional and improved traditional types. The Supreme Court also ruled that agricultural lands, salt-pan lands, mangroves, wet-lands, forest lands, land for village common purpose and the land meant for public purposes shall not be used/converted for the construction of shrimp ponds. The Coastal Regulation Zone Notification provides for the preparation of Coastal Zone Management Plans, identifying and classifying the CRZ areas, by the State Coastal Zone Management Authorities. At the central level, specific responsibilities have been allocated to the National Coastal Zone Management Authority, established by Notification SO-991-(E) (1998) under the Ministry of Environment and Forests, in accordance with the Environment (Protection) Act.

11.4 THE AQUACULTURE AUTHORITY OF INDIA On 11 December 1996, the Supreme Court of India pronounced an historic decision with regard to aquaculture, regarding the setting up of coastal shrimp farms. The Supreme Court prohibited the construction/setting up of shrimp culture ponds, except traditional and improved traditional types, within the Coastal Regulation Zone and within 1000 meters of Chilika Lake and Pulika Lake. It also ruled that an authority should be constituted to protect the ecologically fragile coastalareas, sea-shore, water-fronts and other coastal-areas, especially to deal with the situation created by the shrimp culture in the maritime states/union territories. To perform the functions indicated by the Supreme Court, vide Notification SO-88-(E) of 1997 the Aquaculture Authority of India was established, in accordance with the Environment (Protection) Act. The Authority falls under the administrative control of the Ministry of Agriculture of the union government, to which specific responsibilities for aquaculture have been allocated. In 1996, NGO pressure groups with support from abroad were successful in the court in stopping all aquaculture in the CRZ. India had no legal definition of aquaculture and in the absence of such clarification, the pressure groups were successful in classifying aquaculture as an industrial activity and hence its compliance was judged accordingly even though the FAO definition classifies aquaculture as a ‘farming’ activity. This experience highlights the importance and need for a legal definition of aquaculture. This milestone ruling resulting in a focused road map for consultations, legislations and regulations, and the establishment of a new Coastal

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Aquaculture Authority (CAA) to regulate and enforce aquaculture. These interventions, however, do not apply to freshwater aquaculture. The new regulations in India now require all brackish and marine coastal farms to be registered with the CAA. The CAA has guidelines on effluent discharge and these form part of the farm registration and licensing procedure. It is important to note that these regulations only apply to farms that are greater than 2 ha. For farms between 2 and 10 ha, only an environmental statement is required to be given in the detailed plans. For 10 ha and above the District/ State Level Committees set up by the CAA ensures that, such an EIA for the statement has been carried out by the aquaculture farms before their proposal is recommended to the CAA for approval. Farms with a net water area of 40 ha or more are required to submit an Environment Monitoring Plan and Environment Management Plan (EMMP) with any new application. It was the rapid expansion of the shrimp farming sector under the favorable Indian climatic conditions that spurred the need for such regulations.

Guidelines The Ministry of Agriculture issued Guidelines (1995) for Sustainable Development and Management of Brackish Water Aquaculture, to assist in formulating appropriate shrimp-culture practices, mitigating the environmental impacts for management of shrimp pond wastes and utilization of land/water resources judiciously. They recommended States to identify lands fit for coastal aquaculture, discouraging the conversion of agriculture land for aquaculture. The Guidelines also recognized the importance of wastewater treatment and prescribed standards for the treatment of wastewater from aquaculture, hatcheries, feed-mills and processing-plants. The introduction of imported shrimp seed was prohibited, which may bring number of problems like diseases, disease causing pathogens, genetically engineered organisms etc. The Guidelines provided recommendations on the use of chemicals, fertilizers, pesticides, chemotherapeutants, antibiotics and drugs and recognized the importance of feed quality and its management.

Fig. 11.2. An Ideal Fish Farm

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The Aquaculture Authority also formulated Guidelines for adopting Improved Technology for increasing production and productivity in the Traditional and Improved Traditional Shrimp Farming, with the objective of yield optimization on sustainable basis. The Guidelines also aim at improving the management of traditional shrimp-culture to ensure long-term sustainability by environment friendly farming practices. The Aquaculture Authority issued Guidelines for the Effluent Treatment System (ETS) in Shrimp Farms, to ensure that shrimp-farm waste-water discharge will not result in long-term increase of nutrients/ suspended solids in the recipient open waters. The integration of effluent treatment system as a part of the shrimp farm should assist the farmers to improve waste-water quality management and provide long-term sustainable shrimp farming in the country. The Guidelines for the application of the Precautionary Principle and the Polluter-Pays Principle in Shrimp Farming are currently in force.

11.5 THE ENVIRONMENTAL IMPACT ASSESSMENT The Environmental Impact Assessment (EIA) Notification (1994), in accordance with the Environment (Protection) Act, specifies the industries and projects (listed in Schedule-I) that require an EIA. The Notification also describes the procedure to be followed. Applications must be submitted to the Ministry of Environment and Forests and assessments should be completed within a period of 90 days. The Schedule-I does not list aquaculture. The Guidelines for Sustainable Development and Management of Brackish Water Aquaculture (1995), however, recommend carrying out a site selection process, which should include proper environmental impact assessment (EIA). They state that all aquaculture units above 40 ha should be subjected to an EIA. State Pollution Control Boards should ensure that such an EIA be carried out by the aquaculture units. Shrimp culture units of 40 ha or more should also incorporate an Environmental Monitoring Plan and an Environmental Management Plan, which covers the following potential impacts: • Local water-courses, • Ground-water, • Drinking-water sources, • Agricultural activity, • Soil and salinization, • Waste-water treatment and • Green-belt development. Smaller farms between 10 ha and 40 ha must also provide information on these items.

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Fig. 11.3. Artificial Feed Administration through Hanging Tray

Water and Wastewater—The Water (Prevention and Control of Pollution) Act (1974) provides for the prevention and control of water pollution, for the maintenance or restoration of the wholesomeness of water and for the establishment of (central and state) Pollution Control Boards. The Act defines ‘trade effluent’ for these purposes as “any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any industrial operation or any treatment or disposal operation other than domestic sewage treatment”. Hence, an aquaculture farmer will be required to obtain an authorization from the Pollution Control Board to set up a treatment and disposal system, that is likely to discharge trade effluent into waters or onto the land. Relevant provisions, though again of a general nature and not specifically related to aquaculture, can also be found in the Environment (Protection) Act. Under the Act, effluents discharged from aquaculture farms may be within the definitions of ‘environmental pollutant’, ‘environmental pollution’ and ‘hazardous substance’. The Act generally prohibits any person carrying on any industry, operation or process to discharge or emit any environmental pollutants in excess of the standards as prescribed in the Schedules under the Act. The Hazardous Wastes (Management and Handling) Rules (1989) further regulates the collection, reception, treatment, storage and disposal of hazardous wastes. The Aquaculture Authority issued Guidelines on the need for the Effluent Treatment System (ETS) in shrimp farms. The Guidelines state that all shrimp farms of 5 ha water spread area and

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above located within the CRZ and 10 ha water spread area and above located outside the CRZ, should set up an ETS. The Guidelines also refer to the need for a common ETS for the clusters of shrimp farms, where each farm is less than 5 ha in size.

Fig. 11.4. Sample Netting by Cast-Net for Growth/ Health Check

Disease control—There is no specific legislation for the disease control within the aquaculture facilities. The Prevention of Cruelty to Animals Act (1960) prevents the infliction of unnecessary pain or suffering on animals. Animal is defined as ‘any living creature other than a human being’. Under the Act, the Breeding of and Experiments on Animals (Control and Supervision) Rules (1998) state that no establishment shall carry on the business of breeding of animals, perform experiments on animals or trade animals for the purpose of experiments, unless it is registered. Under the Rules, experiments include new technologies involving transgenic or genetic manipulation. Drugs—Order No. 722-(E)-(2002) includes a list of antibiotics and other pharmacologically active substances that are prohibited in aquaculture or in any hatchery for producing the juveniles or larvae or nauplii or in any unit manufacturing feed or in any unit pre-processing or processing shrimp, prawns or any other variety of fish and fishery products. Feed—The Marine Products Export Development Authority (MPEDA) has published standards for shrimp feed and seed. The legal framework for the Genetically Modified Organisms (GMOs) is constituted by the Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Microorganisms, Genetically Engineered Organisms or Cells (1989), adopted under the Environment (Protection) Act.

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Fig. 11.5. Aerators for Shrimp Culture Ponds Electrically Operated

11.6 AUTHORIZATION FOR AQUACULTURE OPERATION The Aquaculture Authority of India has constituted State Level Committees (SLCs) and District Level Committees (DLCs). Applications submitted by the farmers are received by the DLCs. After verification of the information and field inspections wherever necessary, the applications are forwarded to the SLCs for consideration. The applications are forwarded to the Aquaculture Authority for approval, after recommendation of the SLC. 1. First, those farmers who are operating traditional and improved traditional systems of aquaculture within the Coastal Regulation Zone (and within 1000 meter of Chilka Lake and Pulicat Lake) are required to apply for prior approval for adoption of improved technology for increased production and productivity. The application should be made in Form-I and needs to specify the following issues: • Name of the applicant. • Address for communication. • Details of location/land. • Details of the traditional/improved traditional farm in operation. • Date of commencement of operation. • Details of improved technology proposed to be adopted. The approval is given by the Aquaculture Authority in Form-II for a period of three years, which is not transferable. 2. Second, the applications are filed for the authorization/approval for the aquaculture establishments/shrimp farms/shrimp ponds, other than traditional and improved traditional, which are already operating/proposed to be set up/constructed outside the Coastal Regulation Zone (and outside 1000 meter of Chilka Lake and Pulicat Lake). The application should be made in Form- III and needs to specify the following issues:

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• Name of the applicant. • Address for communication. • Authorization/approval for farm in operation/proposed. • Details related to the land, types of land (i.e. mangroves, wet lands, forest lands). • Details when the land partly falls within the Coastal Regulation Zone (or within 1000 meter of Chilika Lake and Pulicat Lake). • Furnish Project Report, giving details with sketch (to scale) of design and layout of the farm in operation/proposed along with operational details and water intake, supply, drainage and treatment facilities. • Specification (based on EIA/EMP where carried out) whether: 1. The aquaculture activity has the effect of causing salinity of soil or the drinking water of wells. 2. The use of supplementary feeds will consequently increase sedimentation, which on decomposition will be harmful to the environment. 3. Such activity would cause siltation, turbidity of water course and estuaries with detrimental implications on local flora and fauna. • Environmental Impact Assessment (EIA) report, if carried out. • Details of the Environmental Management Plan (EMP), if drawn up. • Layout, design and technical details of the Effluent Treatment Plant (ETP), if in operation/ proposed. • Copies of licenses/consents/approvals for the farm in operation/proposed obtained from any of the central/state authorities. The approval is given by the Aquaculture Authority in Form-IV for a period of three years, subjected to the following conditions: • The farm should restart operation/be set up/constructed only after obtaining authorization/approval from the Aquaculture Authority. • The farm should not deviate from the approved design and operation. • The farm should not cause Salinization of soil or drinking water of wells. • The farm should not cause increased sedimentation and health hazards. • The farm should not cause siltation, turbidity of water course and estuaries with detrimental implications on local fauna and flora. • The farm should establish and operate an Effluent Treatment Plant (ETP) and ensure that the effluent quality at discharge point conforms to the specific standards prescribed by the Pollution Control Board of the concerned state/union territory. • This authorization/approval be exhibited in the premises and produced for the checking, whenever demanded by an inspecting officer. • The authorization/approval are not transferable.

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12

Unit

EXISTING REGULATORY FRAMEWORK FOR QUALITY CONTROL AND EXPORT 12.1 PRELUDE All aqua-foods (like fish, prawn, lobster, crab, mussel, clam, oyster etc.) are highly perishable, necessitating post-harvest processing and preservation. Because, any aqua-food is obviously unusable if spoiled or putrefied. Therefore, no matter whatever bulk production is achieved, unless it is processed/ preserved to make it available to the consumers in usable form, the entire efforts would be futile and rather health hazard would culminate due to putrefication of the aqua-product. The purpose of fish processing and preservation is to deliver the aqua-food to consumers in prime condition. The steps necessary for this, begin before the fishing expedition starts and do not end until the fish is eaten or processed into oil, meal, feed etc. Fish begins to spoil as soon as it is caught, perhaps even before it is taken out of water. Therefore, the key to deliver high quality products is close attention to minute details throughout the entire process of preparation, catching, landing, handling, storage and transport. Fish that is poorly handled may not be so bad, but it loses value, because of off-flavors, mushy-texture or bad-color, that discourages potential consumers from buying. If the customers have bought one bad fish, they probably won’t buy another. On the other hand, if you consistently deliver good quality at a fair price, people will become loyal customers. Fish processing is the processing of the fish and other aqua-foods, delivered by the fishing industry. The preservation of highly perishable fish and allied aquatic products, include the traditional methods of preserving the fish by fish-curing (i.e., drying, salting, smoking, pickling or their combination) together with the modern techniques of icing, freezing and canning. Fish and allied aquatic products, which are being handled, treated and prepared to suit a particular objective and or to prolong the self-life; is called as the processed fish and the technique involved as a whole is commonly called as fish processing. The post-harvest fish processing and preservation infrastructure presently available in India, consists of freezing plants, canning plants, ice plants, fishmeal plants, cold storages and peeling sheds, which together cater to a sizable labor force of one million people engaged in fishing and

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another 0.8 million in post-harvest operations. The estimated first sale value of the marine fish landings alone was ` 10,200 crores during the year 2000. The fish processing industry is well developed in the country. There are about 620 registered exporters (380 manufacturer-exporters and 240 merchant-exporters). The post-harvest infrastructure includes 215 ice-plants, 481 shrimp peeling-plants, 371 freezing-plants, 495 cold-storages, 7 canning-plants, 16 fish-meal plants, 11 surimi-plants and one agar-agar production unit. Out of above, 95% of the seafood processing units are concentrated in 20 major clusters located in 9 states. All processing plants, which are export-oriented, are HACCP certified. The total installed freezing capacity of 10700 tons/day, which is fully utilized only during the peak season and the commercial production, is mostly directed towards export. There is a lucrative and organized seafood export trade in India, with the value of the export exceeding US $ 3.50 billion/` 15000 crores. Total exports of fish and fishery products were 813091 tons worth US $ 2.85 billion in 2010-11, which has touched new heights in successive years; 862021 tons worth US $ 3.50 billion in 2011-12 and 928215 tons worth US $ 3.51 billion in 2012-13. India exports 12 major commodity groups to over 40 countries. Shrimp products alone accounts for 45% of the export earnings. With these endeavors the annual per capita consumption of fish has grown steadily and the national average during 2004 was 5 kg, though the consumption pattern along the coastal belt was higher than the interior pockets.

12.2 WHAT IS QUALITY? The totality of all the characteristic features of a product/service, which bear on its ability to satisfy the desired needs of the ultimate end-users/consumers, is the quality. Quality does not always mean excellent, quality is the degree of freshness/spoilage. It differs with the consumers, the price paid for the product, the utility derived out of the product. For fish and fisheries products, quality covers the chemical composition, nutritive value, degree of spoilage, damage during handling, storage, transport, distribution, processing, sale to the consumers/end-users, hazards to health, consumers’ choice for purchase, consumers’ satisfaction on consumption, aesthetic value, profitability and income to the producer and middlemen and so on. Every customer before purchase examines thoroughly the fish and fishery products; for its freshness, spoilage, damage, deterioration and other factors apprehending the threat of ill effect/disease problem due to deterioration/contamination.

12.3 WHY IS QUALITY CONTROL? The quality control is the continuous assessment of the process of operation and inspection, which consists of monitoring of the processing operations to ensure effective quality to protect the consumers. The quality includes the chemical composition, the nutrients, degree of spoilage/ deterioration during the fishing operations, landing, transportation, processing, storage etc.

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Fig. 12.1. Grading and Sorting of Catch before Icing

The operational techniques and technology, those are adopted to fulfill the desired need of the consumers is the quality control. 1. In the liberalized market economy after the globalization, there is growing sophistication in the variety of products, since the purchasing power of the consumers have reached new heights. 2. Consumers’ consciousness about nutrition and possible health hazards on the event of spoilage: is increasing demand for nature-fresh food, with microbial safety, free from pollutants/spoilage/adulterations. 3. Consumers’ preference from traditional staple food products conventionally used, is shifting towards fresher, milder, ready to cook/eat food products, not only for the sake of fitness but also to save time amidst the busy schedule of modern life. 4. Quickly perishable food like fish and other sea-foods, especially in the tropical countries like India, demands careful attention in preparation, handling and storage to prevent quality deterioration. 5. Fish handling after capture, up to its delivery to the consumers is crucial for which, quality assurance has to be ensured. Because once the spoilage sets in, even the most sophisticated and scientifically efficient processing technology, cannot improve the quality of the product.

12.4 QUALITY CONTROL REGULATIONS In India for the export trade, Fresh, Frozen and Processed Fish and Fishery Products are subjected to quality control and inspection prior to export, as required under sub-rule (2) of rule 11 of the Export (Quality Control and Inspection) Rules, 1964 published in the Gazette of India, Part-II, Section 3, Sub-section (ii), under the Order of the Government of India in the Ministry of Commerce, Notification No. S.O. 785 (E) dated the 1st November, 1994:

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1. Fish and fishery products freshly caught are in principle free of contamination with microorganisms, 2. However, contamination and subsequent decomposition may occur when handled and treated unhygienically, 3. Therefore, the essential requirements should be laid down for the hygienic handing of Fresh, Frozen and Processed Fish and Fishery Products at all stages of production, storage and transport, 4. It is expedient that these control measures should be introduced to guarantee the uniform application and to ensure smooth operation of the provisions of this notification and that the measures apply in an identical manner, 5. Provisions should be made for monitoring to ensure the above conditions of equivalence with reference to the requirements of the importing countries, 6. The Government of India nominated competent authority to ensure the effective compliance of the quality standards, 7. In this Order, Fresh, Frozen and Processed Fish and Fishery Products mean: all sea water and fresh water animals or part thereof, including their roes, in fresh/chilled/frozen/ processed forms but excluding Frogs.

12.5 QUALITY SPECIFICATIONS FOR THE FISH AND FISHERY PRODUCTS Fishes – Whole, Dressed, Fillets or any Other Type—(Pomfrets, Seer, Pearl Spot, Sardine, Mackerel, Hilsa, etc.) - Fishes/Fillets of uniform size and color shall be packed together. Fishes/ Fillets of different species shall not be packed together. The products shall be clean and shall have appearance, color and odor characteristic to the particular type/form of fresh/freshly cooked fishes. The products shall be free from dehydration and discoloration, not show any sign of deterioration and free from odor and any foreign odor and shall be free from softening of texture and any objectionable extraneous matter.

Fig. 12.2. Pomfrets: The Most Traded Fish in Export

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Shrimps/ Prawns—Appearance and color shall be characteristic to the particular type/ form of fresh/ freshly cooked shrimps/prawns as the case may be. The material shall be reasonably free from dehydration, discoloration and black spots. The material shall not show any sign of deterioration and shall be free from off odor and foreign odor. The texture of meat shall be soft and consistent and shall have characteristic flavor of Fresh/Cooked Shrimps/Prawns. The products shall be free from extraneous matter.

Fig. 12.3. Tiger Shrimps: The Major Species for Indian Export

Lobsters in Any Form—Appearance and color shall be characteristic to the particular type/ form of fresh/ freshly cooked lobsters as the case may be. The material shall be reasonably free from dehydration, discoloration and extraneous matter. The product shall not show any sign of deterioration. The product shall be free from off odor and any foreign odor. The material shall be free from extraneous matter like sand, dirt, etc. The material shall be free from eggs unless permitted by the buyer. Lobsters of uniform size shall be packed together. Texture of the meat shall be soft and consistent.

Fig. 12.4. The Lobsters: One of the Exportable Species

Cephalopods (Cuttlefish, Squid, Octopus etc. and their Body-parts including Roes)— Cephalopods of different varieties shall not be packed together. Material of uniform color and size shall be packed together. The product shall be clean and shall be characteristic to the particular

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type/form appearance, color and odor of fresh/freshly cooked cephalopods. The product shall be reasonably free from dehydration, discoloration and extraneous matter. The product shall not show any sign of deterioration and shall be free from off odor and any foreign odor. The texture of meat shall be soft and consistent.

Squid

Cuttle-Fish

Octupus

Fig. 12.5. The Cephalopods: Few of the Exportable Species

Crab and Crab Meat—Crab/Crab Meat of uniform color shall be packed together. Body meat and claw meat shall be packed separately or as sandwich pack or any other manner as required by the buyer. The material shall be clean having characteristic of the particular type/form appearance, color and odor of fresh/freshly cooked crabs as the case may be and shall not have deterioration, off odor or any foreign odor. The products shall be reasonably free from dehydration, discoloration and objectionable extraneous matter and shall be soft and consistent. Crab dipped in boiled water for the purpose of extracting meat shall not be treated as cooked variety. Cooked crab meat shall be prepared by boiling the eviscerated and cleaned crab for sufficient length of time to make it fit for direct consumption.

Fig. 12.6. The Crabs: The Consumers Delight Overseas

Clam/ Mussel Meat—Appearance and color of the product shall be characteristic to the particular type/form of fresh/cooked clam/mussel as the case may be. The product shall reasonably be free from dehydration and discoloration. The product shall have characteristic odor of fresh/cooked clam/mussel. The Product shall not show any sign of deterioration. The product shall be free from off odor, foreign odor/sand (grittiness detected by chewing) and objectionable foreign matter. The texture of meat shall be soft and consistent. Clam/mussel treated with hot water for opening the shell and the meat then packed, shall not be treated as cooked/boiled variety.

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Fig. 12.7. The Clam and Mussels

Whelk—Appearance, color and odor shall be characteristic to the particular type/form of fresh/ cooked whelk as the case may be. The products shall be reasonably free from dehydration and discoloration and shall not have sign of deterioration, off odor or any foreign odor. The products shall be free from extraneous matter and sand and shall not show grittiness. Texture shall be soft and consistent. Whelk meat shall be reasonably free from shell or shell pieces.

Fig. 12.8. The Whelks

For the Canned products 1. Raw Material: The raw material used for preparation of Prawns (Shrimps) canned in brine shall be fresh, sound, wholesome, properly cleaned and free from entrails. Only refined salt conforming to IS:594-1962 shall be used. 2. Cans: The material shall be packed in suitable internally and uniformly lacquered cans. The cans may also be lacquered externally. The lacquer used shall be such that it does not impart any foreign unpleasant taste and smell to the contents of the can, does not peel off during processing and storage. The lacquer shall not be soluble in brine to any extent. The can exterior shall be free from major dents, rust, perforations and seam distortions. The cans after sealing hermetically shall not show leaking, paneling or swell. The interior of the can, on opening shall not show any visible black discoloration, rust or pitting and the inside lacquer shall be in good condition. 3. Brine: The brine, if used, shall be clear and shall not be discolored. 4. Packing and Labeling: Only material of the same species shall be packed in a can. The labels, if used, shall be in accordance with rules and regulations of the country to which the material is to be exported.

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5. Drained Weight and Size Grade: The net drained weight of contents shall not be less than the declared weight. The size, count (number of pieces per unit weight) shall conform to the size grade declared on the can. 6. Organoleptic Quality: (a) Contents of the can, on opening shall present a good appearance and shall not display any appreciable disintegration. Pieces from which portions have separated out would be treated as disintegrated shrimps. (b) The surface of the prawns shall not be slimy to the touch; the meat shall be soft but firm and shall not crumble to granular forms when pressed between fingers. (c) The prawn pieces shall not appear to be pressed together and it should be possible to separate the pieces easily. The pieces shall be of uniform size and shall be clean and free from loose hanging pieces of meat. (d) The material shall have the odor and flavor of fresh and cooked prawn meat and shall be free from scorched, bitter or any other objectionable flavor. (e) The material shall be free from pale bleached color with a greenish yellow tint indicative of pre-processed spoilage. The material shall also be free from any black discoloration. (f) The material shall be free from sand, dirt, insect, hair or any other extraneous matter. It shall be reasonably free from bits of veins, shell particles and pieces of appendages. (g) The material shall be free from any poisonous and deleterious substances.

12.6 BACTERIOLOGICAL SPECIFICATIONS The permissible maximum limits of various bacteriological indicators for various fish and fishery products fresh/cooked are specified as per the details furnished in the table below: S. No.

Maximum Permissible Limits of Various Bacteriological Parameters

Fishes/ Shrimps/ Prawns/ Lobsters/ Cephalopods

Crab/ Whelk/ Clam/ Mussel Meat

Fresh/ Chilled/ Frozen

Cooked/ Boiled

Fresh/ Chilled/ Frozen

Cooked/ Boiled

5,00,000

1,00,000

10,00,000

1,00,000

1.

Total plate count at 37°C per gm. Max

2.

E. coli count per gm. max.

20

Nil

20

Nil

3.

Coagulase +ve Staphylococcus per gm. Max

100

100

100

100

4.

Salmonella and S. arizona per 25 gms.

Nil

Nil

Nil

Nil

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12.7 QUALITY ASSURANCE Quality assurance includes all those systematic activities and planning, required to ensure adequate confidence on the mind of the consumers and processors that, the fish and fishery product would satisfy all the desired quality requirements.

Aim and Objects of Quality Assurance The objectives of quality assurance are to identify the basic disciplines and specification of procedures and criteria required, to ensure the consumers’ requirements are consistently satisfied. Quality assurance includes all the different steps concerned with, all the aspects of quality; form the raw-material (capture of fish) up to the final presentation to the consumers, which can be summarized in the following steps: 1. Specification of quality standards 2. Assessment of quality against the standards specified. 3. Rejection or acceptance of the product 4. Review of rejected material to assess the possible causes and reasons of failure 5. Pecuniary action to ensure quality as per specified standards. 6. It should be ensured that the action imposed has fulfilled its purpose 7. Quality inspection of inflowing raw materials 8. In plant inspection of processing and preservation techniques 9. Inspection of final consumers products 10. Inspection and testing of performance of the products.

Benefits of Quality Assurance The processing would be cost effective, by adopting quality standards at each step, by reducing processing waste, saving time and money; through quality raw material, specific processing methods and finally satisfaction of the customers. The other benefits for the producers/ processors/ consumers are: 1. Improved quality product 2. Reduced inspection costs 3. Optimum use of resources 4. Motivation of staff to produce quality product 5. Satisfaction of staff by way of knowledge up-gradation 6. Strict compliance with all legislative standards 7. Ability to provide defense for consumer’s complaints 8. Recognition as a ‘Brand’ for the quality product 9. Facilitate export houses to acquire quality certificates from ISO/EU/USA by compliance of the specified standards

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10. The consumers are assured products of assured quality consistently at competitive price, quite safe for consumption.

12.8 HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP) HACCP is a systematic approach for identification of hazards in food products, its assessment and control. For any food stuff to be absolutely safe for consumption, it should confirm to certain standards specified under the HACCP.

History of HACCP Many of the concepts incorporated under HACCP were in use for many years, but all the different components are consolidated together, in the recent years in form of an integrated package; called as HACCP. 1. During 1971, the concept of HACCP was first introduced in Denver, USA by USDA. 2. During 1973, Food and Drug Administration (FDA), USA adopted HACCP for inspection of low acid canned food plants, to obviate the risk of botulism caused by canned foods contaminated by the Clostridium botulinum. 3. During 1975, USDA imposed HACCP for inspection of meat plants which is continuing till today. 4. During 1980, World Health Organization (WHO)/International Commission on Microbial Specification of Foods (ICMSF) specified a report on HACCP to be used in the developing countries. 5. During 1987, WHO evaluated the primary health care in developing countries, with the aim to reduce child mortality in the Dominican Republic and produced a training manual. 6. European Council (EC) in its legislation-1991 recommends adoption of HACCP based quality management systems, by countries exporting shrimps to European market effective from start of 1993. 7. US-FDA/ NOAA a Voluntary Seafood Inspection Program advocates HACCP based quality management system by countries exporting sea-foods to USA. 8. Codex Alimentarius Commission (CAC) is encouraging implementation of HACCP system in all the food industries.

Merits of HACCP Seafood Processing Plant 1. It is a systematic approach covering all aspects of sea food safety from raw materials, growth, harvesting, purchase to final product. 2. It will move company from solely retrospective end product testing approach to a preventive quality assurance approach. 3. It provides a cost effective control of seafood borne hazards 4. It focuses technical resources into critical parts of sea food processing

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5. As a preventive approach leads to reduced product losses 6. International bodies recognize it as the effective means for controlling food borne diseases 7. HACCP quality management system in a processing plant ensures compliance of all standards of the importing countries/satisfaction of the consumers.

Principles of HACCP HACCP is a powerful system which insists the seafood processors not only to investigate their own product and processing methods, but also their raw material supplies, handling, processing, storage, distribution and retail operations up to final consumption, based upon the following principles: 1. Conduct hazard analysis, prepare flow diagram of the steps in the process, identify and list the hazards and specify the control measures. 2. Identify the CCPs-Critical Control Points in the process using a decision tree. 3. Establish target levels and tolerances which must be met, to ensure that each CCP is under control. 4. Establish a monitoring system to ensure control of the CCPs by schedule testing or observations. 5. Establish correct action or preventive measures to be taken, when monitoring indicates that a particular CCP is moving out of control. 6. Establish documentation concerning all procedures and records, appropriate to these principles and their application. 7. Establish verification procedures which include appropriate supplementary tests, together with a review which confirms that HACCP is working effectively.

Setting Up of In-Plant HACCP Units As a managerial tool, HACCP controls the identified hazards, which can be achieved through a multi-disciplinary team of experts, from the fields of micro-biology, food-chemistry, food-technology, food-engineering, processing, quality assurance; so that all possible hazards: physical, chemical or microbiological can be assessed, analyzed and obviated from the stage of raw-material production; up to the final stage of the finished product for the end users.

HACCP Concepts S.No.

Old quality concept

New HACCP concept

Little q

Big Q

1.

quality is about product

Quality is about organization

2.

quality is technical

Quality is strategic

3.

quality is for inspectors

Quality is for every one

4.

quality is led by experts

Quality is led by management

5.

quality is high grade

Quality is at the appropriate grade

6.

quality is about control

Quality is about management

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How to Conduct HACCP Study 1. Define terms of references and set up the HACCP team. 2. Describe the product—a full description of the product and study i.e. raw, frozen, peeled, deveined shrimps, together with description of packaging methods, storage and distribution conditions, self-life and instruction for use. 3. Identify intended use—this should be done in collaboration with the custumers and the custumer target groups should be defined. 4. Construct flow-diagram—the format of the flow diagram is a matter of choice, but on site verification of the flow-diagram should be carried out. 5. List all hazards associated with each process step and list all measures which will control the hazards. 6. Identify all critical control points, which can be conveniently carried out using CCP decision tree. 7. Establish target levels and tolerance for each CCP i.e., raw materials should be stored below 0°C. 8. Establish a monitoring system for each CCP. 9. Establish a corrective action plan. 10. Establish a record keeping system and documentation of storage. 11. Establish verification procedures and review of HACCP plan. In India, regulations for the quality control aspects of exportable fish and fisheries products are in existence from 1965. Regulations for quality control and pre-shipment inspection of the frozen and canned products came into force since 15th March, 1965 and of frozen prawn since 15th January, 1966. This scheme was administered by the CIFT up to April, 1969 and subsequently by the Export Inspection Agency (EIA) working under the technical and administrative control of the Export Inspection Council (EIC), under the Ministry of Commerce and Industries, Government of India from May, 1969.

12.9 THE EXPORT INSPECTION COUNCIL (EIC) The Export Inspection Council (EIC) was set up by the Government of India, Ministry of Commerce and Industries, under Section 3 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963), in order to ensure sound development of export trade of India, through Quality Control and Inspection. EIC is an advisory body to the Central Government, which is empowered under the Act to: 1. Notify commodities which will be subjected to quality control and/ or inspection prior to export, 2. Establish standards of quality for such notified commodities, and 3. Specify the type of quality control and/or inspection to be applied to such commodities.

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Besides the advisory role, the EIC also exercises technical and administrative control over the 5 Export Inspection Agencies (EIAs), one each located at Chennai, Delhi, Kolkata, Mumbai and Kochi, established under Section 7 of the Act for the purpose of implementing the various measures and policies formulated by the EIC. The EIC either directly or through EIAs, its field organization renders services in the areas of: 1. Certification of quality of export commodities through installation of quality assurance systems in the exporting units as well as consignment wise inspection. 2. Certification of quality of food items for export through installation of Food safety Management System in the food processing units. 3. Issue of Certificates of origin to exporters under various preferential tariff schemes for the export products. The EIC is empowered to constitute specialist committees to assist it in discharge of its functions. Accordingly, the Council has constituted Administrative Committee to advise it on administrative matters and a Technical Committee to advise it on technical aspects.

Functions Technical experts of EIC itself or its 5 EIAs inspect the commodities and issue quality certificates in respect of the products meant for export with its origin, as per the guidelines issued from time to time, as detailed in the table below for various commodities: Name of the Commodity Fish and Fishery Products

Executive Orders Principle Order S.O. 729 (E) dated 21st August 1995, subsequently amended vide Orders

Notifications Principle Notification S.O. 730 (E) dated 21st August 1995 subsequently amended vide Notifications

S.O. 792 (E) dated 17th Aug 2001, S.O. 415 (E) dated 11th Apr 2002, S.O. 722 (E) dated 10th Jul 2002, S.O. 1029 (E) dated 24th Sep 2002, S.O. 464 (E) dated 24th Apr 2003, S.O. 1034 (E) dated 9th Sep 2003, S.O. 1227 (E) dated 23rd Oct 2003 S.O. 717 dated 25th Feb 2005, S.O. 1227 (E) dated 31st Jul 2006. S.O. 612 dated 15th Feb 2007, S.O. 1519 dated 16th Jun 2008 S.O. 2714 (E) dated 28th Oct 2009. S.O. 143 (E) dated 21st Jan 2011. S.O. 497 (E) dated 10th Mar 2011.

Existing Regulatory Framework for Quality Control and Export

Dried Fish

Principle order S.O.1375 (E) dated 30th December2002,

181

Principle Notification S.O.1376 (E) dated 30th December 2002 as amended vide Notifications S.O. 233 dated 13th Jan 2004. S.O. 2165 dated 23rd Aug 2004. S.O. 720 dated 25th Feb 2005.

Dried Fish maws

Notification No. 2876 dated 28th Aug 2002 2877 dated 28th Aug 2002 722 dated 25th Feb 2005

Live Fish

Principle Order S.O. 477(E) dated 1st May,2002

Principle Notification S.O.478(E) dated 1st May2002

Bivalve Molluscs

Order No. SO 1054 dated 1st Oct 2002 Order No. S.O. 667(E) dated 10th June 2003

Notification no S.O.668(E) dated 10th June 2003, No 718 dated 25th Feb 2005

12.10 REGULATIONS FOR FOOD SAFETY In order to ensure food safety the Export (Quality Control and Inspection) Act (1963) empowers the central government to notify commodities, which should be subjected to quality control or inspection prior to export, to specify the type of quality control or inspection and to establish/ adopt/recognize one or more standard specifications for such notified commodities. Order SO-729-E)-(1995) recognizes that fresh, frozen and processed fish and fishery products must be subjected to quality control, inspection and monitoring prior to export, taking into consideration the health requirements of the importing countries, such as the European Union, USA and Japan. Standard specifications for the fish and fishery products can be found in Schedule- I. Order SO-729-(E)-(1995) was amended by Order No. 722-(E)-2002. The latter inserts the Maximum Residual Limits (MRLs) for pesticides, heavy metals and antibiotics and other pharmacologically active substances in fish and fishery products. MRLs fixed by importing countries should be complied with, if these MRLs are more stringent than the MRLs prescribed in the Order. As mentioned above, the Order includes a list of antibiotics and other pharmacologically active substances that are prohibited. The Export of Fresh, Frozen and Processed Fish and Fishery Products (Quality Control and Inspection and Monitoring) Rules (1995) establish the primary responsibility of the industry to ensure that fish and fishery products intended for export are handled, processed at all stages of production, storage and transportation under proper hygienic conditions, so as to meet the health requirements laid down under these Rules and to conform to the specifications of Order SO-729(E)-1995.

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The Rules contain a definition of ‘aquaculture products’ and state that these products must be treated under proper conditions of hygiene. They must not have been soiled with earth, slime or fecal matters or otherwise contaminated. If not processed immediately after having been preprocessed, they must be chilled. The Rules also contain provisions on the sanitary certification of aquaculture products. Several Annexures to the Rules lay down specific conditions and requirements concerning to premises, building and equipments, health control and monitoring of production conditions, storage, transport, packaging, HACCP etc. Pursuant to the Export (Quality Control and Inspection) Act, Order SO-477-(E)-(2002) recognizes that live-fish including mollusks and crustaceans meant for human consumption must be subjected to quality control and inspection prior to export. Specifications for live-fish can be found in Schedule-I. The Export of Live Fish (Quality Control, Inspection and Monitoring) Rules-(2002) establish the responsibility of the processor to ensure that live-fish intended for export are handled and held at all stages, including transport, under proper hygienic conditions, so as to meet the health requirements laid down under these Rules and to conform to the specifications of Order SO-477(E)-2002. The Rules also contain provisions on the sanitary certification of live-fish. Two Annexures to the Rules lay down specific requirements during and after landing, as well as general conditions relating to the premises, building and equipments relating to hygiene.

12.11 THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY (MPEDA) The MPEDA was established during 1972 under an Act of the Parliament, i.e., the Marine Products Export Development Authority Act, 1972 (Act 13 of 1972), under the Ministry of Commerce, Government of India, when it was felt that it is expedient in the public interest that the Union should take under its control the marine products industry. The head quarter of MPEDA is at Kochi with branches in all over the country. MPEDA was set up with the following objectives: 1. To develop the export of Marine Products and related Industries. 2. To develop and improve quality of the products to create value addition in export. 3. To improve the existing potential by creating new varieties of the product.

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. 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.

Services Offered by MPEDA • Registration of infrastructure facilities for Seafood Export trade. • Collection and dissemination of trade information.

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183

• Projection of Indian marine products in overseas markets by participation in overseas fairs and organizing international seafood fairs in India. • Promotion of brackish water aquaculture for production of prawn for export. • Promotion of deep-sea fishing projects through test fishing, joint venture and equity participation. • Implementation of development measures vital to the industry like distribution of insulated fish boxes, putting up fish landing platforms, improvement of peeling sheds, modernization of industry such as upgrading of plate freezers, installation of Individually Quick Freezing (IQF) machinery, generator sets, ice making machineries, quality control laboratory etc.

Subsidy Schemes under MPEDA The MPEDA provides subsidy for the following purposes, in order to augment the sea-food export trade: New shrimp/ scampi farms Shrimp/ scampi hatchery min. prodn. of 10 million/yr Shrimp/scampi hatchery min. prodn. 30 million/yr PCR labs in Hatcheries/ Pvt. Lab Effluent treatment systems attached to shrimp farms Registration of Aquaculture Societies Freshwater prawn (Scampi) farming Organic farming of shrimp and scampi

Functions The functions of the Authority laid down under clause-9 of the Act are as follows: (a) It shall be the duty of the Authority to promote by such measures as it thinks fit, under the control of the Central Government, the development of the marine products industry with special reference to exports. (b) Without prejudice to the generality of the provisions of the sub-section: 1. The measures therein may provide for developing and regulating off-shore 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.

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2. Fixing of standards and specifications for marine products for the purposes of export: rendering of financial assistance or other assistance to owners of fishing vessels engaged in off-shore 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. 3. Further, the Authority can 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. 4. 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 as may be prescribed.

Survey of the Existing Fishery Regulations in Force

185

13

Unit

SURVEY

EXISTING FISHERY REGULATIONS IN FORCE

OF THE

13.1 PRELUDE Fisheries including aquaculture have been a vital source of food, nutrition, employment and economic prosperity for humanity since ancient times. The fisheries resources of India are noted as much for their diversity and heterogeneity in composition, as for their rich production potentiality. India is bestowed with vast and varied fisheries resources comprising of rivers and canals, lakes and reservoirs, ponds and tanks, floodplain lakes and wetlands, along with the extensive brackish-water and marine resources, besides, substantial area amenable for coldwater fisheries available in the medium and higher-altitudes of the mountain ranges including the Himalayan belt. In marine sector, India has total 8,118 kilometers of coastline, 3,827 fishing villages and 1,914 traditional fish landing centers. India’s fresh water resources consist of 195,210 kilometers of rivers and canals, 2.9 million hectares of reservoirs, 2.4 million hectares of ponds and lakes and about 0.8 million hectares of flood plain wetlands and water bodies (FAO-2006). It will be wise to discuss at the outset, the various types of regulations prevalent in various states of India, with their scientific background, merits and demerits, to have the conceptual clarity about the legislative frameworks available at present and their coverage. For the sake of convenience the existing regulations can be categorized under the following broad heads: 1. Protective regulations: To ensure conservation of the aquatic fauna and flora for the protection of the original germplasm and the biodiversity in the fishery resources, for reaping sustainable yields, prevention of aquatic pollutions. 2. Administrative regulations: To safe guard the fishery and the fishery resources along with the interests of various stakeholders concerned with the fishery industry. 3. Managerial regulations: To ensure efficient management and control over the resources, products and procedures, to reduce conflicts and confrontations among the various stakeholders involved by ensuring public order.

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4. Financial regulations: To augment income from the water resources, in form of fees (license fees), rents (lease value, royalty) and taxes from the fishery sector and the administration of loan, grants and subsidies 5. Market regulations: To ensure availability of fish and fishery products in prime conditions to the consumers and to hold steady price line, ensuring hygiene, sanitation and quality control parameters, exports and imports, transportation and marketing.

13.2 SURVEY OF EXISTING FISHERY REGULATIONS Even though, there is no strict uniformity in the existing fisheries legislations in various states of India, due to the variations in the geographical terrain, temperature regime, agro-climatic conditions, type of fish and fishery and so on, the general pattern of different items of fisheries regulations prevalent in various states; may be generalized as follows:

13.3 PROTECTIVE REGULATIONS 1. Prohibition of Capture of Brood Fishes Healthy, matured brood fishes are the parental stock of any natural water-body, solely responsible for self-propagation, as such, their protection and upkeep needs utmost attention and priority. Though fishes show great diversity in their age and size at maturity, spawning propensity, fecundity range, parental care, survival rate, spawning season etc. most fishes of commercial importance breed during the monsoon season. The brood stock of at least the commercially important fishes should be protected by all means, which can be achieved by prohibiting the capture of breeders, to ensure their self-recruitment by natural breeding. This can be accomplished by declaration of closed season, fish sanctuary, specifying the minimum size at first capture, prevention of marketing of egg-bearing brood fishes and juveniles in the market and so on, by suitable regulatory measures. This regulation exists in the states of Jammu and Kashmir, Punjab, Haryana, Himachal Pradesh, Uttar Pradesh, Bihar, Assam, Tripura, Madhya Pradesh, Rajasthan, Maharashtra, Karnataka and Tamil Nadu.

2. Prohibition of Immature Fishing i.e., Specification of Minimum-size of First Capture and Sale Capture of young immature fishes i.e., eggs, spawn, juveniles; baby-fishes, which are the future natural stock of the ichthyo-world, are detrimental for healthy fish population. Therefore, killing them before their maturity and self-recruitment, regeneration of the fish population by selfmultiplication is prevented, without giving them any chance for propagation, which is adverse for the overall health of the water body for its sustainability. As such, prevention of immature fishing facilitates every fish to breed at least once during their life time for renewal of the population. This can be achieved by specification of minimum size of catchability and marketability, minimum mesh size for various gears operated, restricting the sale of under-sized fishes in the markets. The minimum size at maturity i.e., minimum size specified for first capture varies with different species of fish, depending upon the growth rate, nutritional standard etc. However, the size at maturity for the highest growing fish species (like Catla among the IMCs) is

Survey of the Existing Fishery Regulations in Force

187

taken as the standard to specify the minimum size of catchability and marketability, so that all other species with lesser growth rate are automatically protected. This rule is in force in the states of Delhi, Punjab, Haryana, Himachal Pradesh, Uttar Pradesh, Madhya Pradesh, Karnataka and Tamil Nadu. The various species of fish for which minimum size of capture have been specified in various states are as follows: S.No.

State

Species of fish

Minimum size of catchability/ salability

Year of 1st enforcement

1.

Delhi

IMCs and Mahaseers

8“ (20.4 cms)

1948

2.

Himachal Pradesh

IMCs and Trouts

10“ (25 cms)

1952

3.

Punjab

IMCs and Mahaseers

10” (25.4 cms)

1956

4.

Haryana

IMCs and Mahaseers

12” (30 cms)

1966

5.

Madhya Pradesh

IMCs and Mahaseers

9“ (22.9 cms)

1953

6.

Karnataka

IMCs Carps

1 kg and above

7.

Uttar Pradesh

IMC fry and fingerlings

10“ (25.4 cms)

IMCs except Catla

1 ½ kgs and above

Catla

5 kgs and above

IMCs in rivers

6” (15 cms)

IMCs in reservoirs

6” (15 cms)

Milk-fish

Above fry and fing. stage

8.

Tamil Nadu

and

Common

1954

1936

1947

Many states have prohibited the catching of economically important fishes having size below 20-30 cm, so that every fish get a chance to breed at least once in its lifetime, by restricting the sale of undersized fishes in the market. 1. In 1956, Punjab Government prohibited catching of IMCs and mahseer smaller than 25.4 cm long. 2. In Delhi, the capture and sale of IMCs and mahseer below 20.4 cm in length has been prohibited since 1948. 3. Uttar Pradesh has prohibited, since 1954, the capture and sale of spawn from 15th July to 30th September, of fry and fingerlings of major carps, 5.1-25.4 cm in length from July 15th to Sept. 30th and of breeders from June 15th to July 31st in the prohibited areas, except under a license issued by the authority. 4. In M.P. a size limit of 22.9 cm was imposed in 1953, for the capture of IMCs and mahseer.

3. Regulation of Mesh-size of Various Gears The minimum mesh-size of various gears should be specified under rule, to commensurate with the minimum size of catchability and marketability specified, to prevent immature fishing, so that sustainability and yield optimization can be achieved. In order to specify the minimum mesh size,

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a great technical problem is involved, i.e. the particular mesh size specified for one species may be detrimental to other, due to the wide diversity among the fishes in their growth rate, size at maturity, body shape, behavior etc. Moreover, the peak fishing seasons for various commercial groups of fishes are different. Thus mesh size can be regulated under rule, by judicious manipulation of mesh size during various seasons. From scientific considerations, depending upon the body shape and growth rate, mesh size should be specified for each species separately. But for practical purpose, the mesh size suitable for the fastest growing species (e.g. Catla) is normally specified by which other species with lesser growth rate (like Rohu, Mrigal, Kalbasu, Mahaseer etc.) are automatically protected. The mesh size for various species of fishes specified in different states of India is as below: S. No.

State

Species of fish/ resource

Name of the Gear

Minimum Meshsize Specified

Year of 1st enforcement

For the Inland Capture Fishery Resources 1.

Delhi

IMCs and Mahaseers

Gill-net

11/2“ Mesh-bar

1948

2.

Punjab

IMCs

Gill-net

4 cm Mesh-bar

1966

3.

Haryana

IMCs

Gill-net

4 cm Mesh-bar

1966

4.

Uttar Pradesh

Catla

Gill-net

5” Mesh-bar

5.

Goa

IMCs

Purse-seines

8 mm Mesh-bar

6.

Tamil Nadu

Estuaries

Drag-net

0.95 to 1.59 cm Mesh-bar

IMCs in reservoirs

Gill-net (Rangoon-net)

1.3 cm Mesh-bar

IMCs in rivers

Gill-net (Rangoon-net)

1.9 cm Mesh-bar

1981

For the Marine Fishery Resources

7.

West Bengal

Marine fishing

All gill nets

25 mm mesh size

Bag-nets/Dol-nets

37 mm mesh size

Shore-seine/dragnes

25 mm mesh size

1993

8.

Andhra Pradesh

Marine fishing

All the nets

15 mm mesh size

1994

9.

Tamil Nadu

Marine fishing

All gill nets

25 mm mesh size

1983

Shrimp trawl nets

37 mm mesh size at cod end

Gill nets

150 mm mesh size

Trawl nets

40 mm mesh size at cod end

10.

Gujarat

Marine fishing

2003

Survey of the Existing Fishery Regulations in Force

11.

12.

13.

Coa

Kerala

Lakshadweep

Marine fishing

Marine fishing

Marine fishing

189

All nets for prawn

20 mm mesh size

All nets for fish

24 mm mesh size

Bottom trawl

35 mm mesh size at cod end

Dip net

20 mm mesh size

Ring seine

20 mm mesh size

Purse-seines, ring-

20 mm mesh-size

1980

1980

2004

Seines, pelagic, midwater and bottom trawls

14.

Andaman and Nicobar

Marine fishing

Drift gill nets

50 mm mesh size

Shore seines

20 mm mesh size

All Fishing nets

20 mm mesh size

2003

Gill nets, shoreseines and dragnets

The minimum mesh size for fishing nets permitted is 30 mm, so that smaller immature fishes are not caught. But normally nets having a minimum mesh size of one inch (25 mm) are generally permitted for fishing in the reservoirs. However, nets of smaller meshes are permitted to be used in the marginal areas as in Tilaiya reservoir (DVC) and some reservoirs of Andhra Pradesh and Tamil Nadu to control the trash-fish population. In some states mesh regulation is also integrated with the closed season like: 1. 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 1st to August 30th, every year. 2. In Assam, the sizes of gaps in bamboo fencing used for fishing have been specified and from 1st April to 5th June, drag net of having mesh size of 2.2 inch are not allowed in any water body. 3. Restriction have been imposed on the use of certain nets during specified period of the year, as well as on the mesh sizes of nets in Assam, Maharashtra, M.P., Punjab, Manipur, Andaman and Nicobar Islands etc.

4. Ban on Destructive/Harmful Gears/Fishing Devices Fishing gears/methods, which destroy the normal well-being of the aquatic ecosystem, by hindering the normal recruitment cycle of the aquatic fauna, should be banned under strict regulatory measures. Indiscriminate fishing by excessive fishing pressure is indicated at the outset

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by low CPUE and smaller average size of the species captured, ultimately resulting often in complete collapse of some commercial fishery. 1. In Maharashtra, night trawling is completely prohibited. 2. In Kerala, night trawling has been completely prohibited and complete ban has been imposed on gears like mini-trawl, mid-water-trawl and bull-trawl. 3. In Tamil Nadu, fishing within 100 m below a river mouth is prohibited. 4. In Odisha very small-meshed seine nets (locally called as the zero-nets) used along the coastal belt i.e. in the estuaries and back waters for filtration of prawn juveniles has been banned under special ordinance. 5. In Andaman, West Bengal, Odisha and Andhra Pradesh trawl-nets without Turtle Excluder Device (TED) is prohibited for conservation of sea turtles.

5. Specification of ‘Closed-Season’ Prohibition of any type of fishing operation in a water body over a particular period of time is called as the closed season/seasonal ban on fishing. This generally coincides with the spawning season of the fishes or any other season of poor catch. Since the spawning season for different fish species vary greatly, the closed season specified for them should also vary accordingly from scientific consideration. But because the monsoon season is the peak breeding season for most of the commercially important fish species, the closed season is normally observed during the monsoon months, in order to facilitate the natural recruitment of most of the commercially important fishes. This rule exists in the states of Jammu and Kashmir, Delhi, Punjab, Haryana, Rajasthan, Uttar Pradesh, Madhya Pradesh, Karnataka and Tamil Nadu. As the advent of monsoon season varies in various parts of our country due to the geographical/climatic variations, spawning season for fishes (especially the commercially important IMCs) also vary in different states. As such the closed season is observed accordingly as follows: S. No.

State

Species of Fish

Period Observed as the “Closed Season”

Year

For the Inland Fishery Resources 1.

Delhi

IMCs

1st July to 15th October

1953

2.

Jammu-Kashmir

IMCs

15th March to 15th June

1941

3.

Punjab

IMCs

1st July to 31st August

1966 1966

4.

Haryana

IMCs

1st

July to

31st

August

5.

Madhya Pradesh

IMCs

16th June to 15th August

6.

Karnataka

IMCs

1st May to 31st August

7.

Uttar Pradesh

IMCs

15th June to 30th September

8.

Rajasthan

IMCs

1st July to 15th September

1972

1946

Survey of the Existing Fishery Regulations in Force

9.

Tamil Nadu

191

IMCs

1st June to 31st July

Hilsa

1st July to 30th September

Gauramy

1972

All round the year

For the Marine Fishery Resources 10.

Lakshadweep

Fishing ban

1st June to 31st August

11.

The east-coast of India

Fishing ban

15th

April to

31st

12.

The west-coast of India

Fishing ban

15th June to 31st July (46 days)

13.

Gahirmatha Marine Sanctuary (Odisha)

Fishing ban

1st November to 31st May (The Mass nesting period of Olive Ridley turtles)

1956

May (46 days).

2011–12

There are difficulties in observance of the closed season in its stricter sense: 1. Enforcement of closed season poses serious practical problem in view of the large number of authorized officials required to cover all the available water bodies. To overcome this difficulty, states like Uttar Pradesh, Punjab and Haryana have taken the help of the Railways Authority, to ban booking of fishes to the wholesale market during the closed season. Checking of Lorries used for fish transportation for the nearer markets is also done at the actroi/ commercial tax check gates. 2. Since, during the monsoon months fishing ban is also observed in marine sector, closed season for inland waters result in fish scarcity for the consumers, which is normally compensated by the fish production from the aquaculture sector, wherein close season restriction is not applicable. But in spite of all these aforesaid problems, ‘closed season’ has to be observed with all sincerity, in view of its significant benefits for the conservation of the natural biodiversity and the ecological well-being of any water-sheet. Therefore all the water bodies, which are confirmed breeding grounds, have to be brought under the ambit of the ‘closed season’. Closed season is followed in Jammu and Kashmir, Bihar, Madhya Pradesh, Tamil Nadu and Karnataka. In all large reservoirs, fishery is closed from June-July to end of September, so that fishes are not hampered during their spawning migration and breeding. Fishing is closed from 1 July to 15th September in the entire state of Rajasthan, except at Jaisambad, where there is no restriction with regard to mesh or the fish size and no closed season is observed.

6. Declaration of ‘Fish-Sanctuaries’/Protected Waters Prohibition of fishing in any form all round the year in a particular water body, is called as the fish sanctuary. Since the observance of ‘closed season’ poses serious operational problem for enforcement and it is not sometimes practically feasible to observe it strictly over all the natural water sheets, protection of the brood stock for conservation of the original germplasm is best achieved by declaring certain vulnerable areas as fish-sanctuary. The inherent advantages of the fish sanctuary are:

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1. It acts as the brood fish preserve for the area, conserving the original germplasm of the species diversity. 2. It serves as ideal waters for the scientific research, especially in the field of population dynamics and the ecological studies. This provision of declaration of fish sanctuaries is prevalent in the states of Jammu and Kashmir, Delhi, Punjab, Haryana, Himachal Pradesh, Uttar Pradesh, Madhya Pradesh, Assam, Bihar, Karnataka, Tamil Nadu, Andhra Pradesh, Andaman etc. 1. In Jammu and Kashmir, prohibition has been imposed on the extraction of water nuts, aquatic plants and gravel or stones during the spawning season of the cold water fishes in reserved and protected waters from November to February except with the special permission of the authorities. 2. In Haryana, conservation measures have been adopted in the portions of Uhl River and Lambadug and their tributaries situated in the Mandi district, Pabar River (Rohru upstream) and Bipasa River situated in the district of Mahasu. 3. Many riverine areas have been declared as sanctuaries in Assam, Andhra Pradesh, Himachal Pradesh, Madhya Pradesh, Uttar Pradesh, Delhi, Jammu and Kashmir, Haryana, Kerala and Tamil Nadu. 4. About 3.2 Km of river stretches below the dam at Mettur (Tamil Nadu), Tungabhadra (Karnataka) and Gandhisagar (M. P.) have been declared as sanctuaries. 5. Sanctuaries have been declared in Bihar (river son above and below the anicuts at Dehri and Barun in Shahabad and Gaya district) and Punjab (specified waters of Gurdashpur, Hosiarpur and Ambala districts and near the specified bridges). 6. In Kerala, restriction has been imposed against attracting prawn into private water except under license. 7. In Tamil Nadu, fishing is prohibited in the river Cauvery (from Cauvery Bridge to its confluence with Ellis Surplus channel), Ullar river in Tanjavur district, Harangi, Sampaja and Barapole and their tributaries during the period from march 15th up to June 1st. 8. In Karnataka, all fishing operations are prohibited except with rod and line in: (a) Portion of Krishnaraj Sagar reservoir above the dam and of river Cauvery below the dam, Anjanpur reservoir, Thippagondanahalli Reservoir, Bangalore. (b) River Cauvery within the limits of Mudukthor Village (c) The Kabini river from Udbur of Manchegowdnabelli (d) Portion of Vani Vilas Sagar above the dam (e) Vedvathi River below the dam. (f) Karanji, Kukarahali and Gobbilikatte tanks in Mysore city (g) Portion of river Cauvery near Vahni Pushkani pond of Rameswar temple at Ramnathpur.

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7. Prohibition of Complete Draining of Water In India, fisheries get low priority as compared to other food producing avenues like agriculture, horticulture, animal husbandry, since majority of the population are agro-dependant, consequently fisheries is less significant in its impact and productivity. Hence, draining of water especially from smaller impoundments for agricultural operation is a common practice in rural India. Though drainage of water for irrigation cannot be overlooked, complete drainage results in devastation of the aquatic ecosystem. Thus there should be restriction on the complete drainage of water to save the aquatic biota (fauna and flora). As per the provisions under the National Water Policy discussed earlier, ‘minimum flow should he ensured in the perennial streams, for maintaining ecology and social considerations’. This can be achieved by the specification of minimum level/ depth of water to be maintained always in various water bodies, especially during summer months.

8. Prohibition of Use of Toxic/Poisonous Substances This rule was under the ambit of the age-old Indian Fisheries Act-1897, adopted in the states of Jammu and Kashmir (1903), Tamil Nadu (erstwhile Madras-1903), Karnataka (erstwhile Mysore1931), Delhi (1948), Uttar Pradesh (1948), Kerala (erstwhile Travancore-1950), Himachal Pradesh (erstwhile Bilaspur-1951), Rajasthan (1953), Andhra Pradesh (erstwhile Hyderabad-1956), Madhya Pradesh, Tripura, West Bengal, Bihar, Punjab and Haryana. Toxic and poisonous substances not only kill the fishes but also destroy the entire life forms of the aquatic ecosystem. Therefore intentional use of poisonous/toxic materials for indiscriminate killing of the biota should be curbed under strict legislative measures. However, in low dosage toxic/poisonous substances may be harmless, since water is an eternal cleaner to receive the pollutants from the land drainage, capable of self-purification in a natural way. For this reasons only, insecticides and herbicides in appropriate doses are also used in the aquaculture operations for the control of the aquatic insects, trash-fishes and weeds. The doses are so designed that it kills the enemies of the cultivable fishes only, without any harm to them. The major sources of the toxic/poisonous substances are: (a) In recent years, the extensive use of pesticides and herbicides of both vegetative and chemical origin in the agricultural/horticultural operations, finally finds their ways into the natural waters. (b) The other sources of poisonous materials entering water are by the bathing of pet-animals, after application of chemical insecticides for the control of the endo-parasites, together with the cleaning of the appliances used for the application of the pesticides/herbicides. (c) The major source of entry of toxic/poisonous substances into the water body is the discharge of untreated industrial effluents from various industries, since pollution control guidelines are hardly followed.

9. Prohibition of Dynamiting and Use of Other Explosives Indiscriminate killing of fishes, irrespective of size and variety, by the use of dynamites and other such explosives is banned under the Indian Fisheries Act-1897. But unfortunately, it is still

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practiced in remote parts of our country. The explosives kill the aquatic fauna (even the microscopic planktons) by nervous imbalance i.e. neurotic failure. As such, the entire living world is devastated from water by explosion. These explosives are generally used for fish capture by personnel who own them, like the defense personnel, mine-workers, engineering personnel, working in hilly terrains for the construction of irrigation projects, industrial units, rural roads etc. This merciless devastation should be curbed by all means for the general well-being of the aquatic ecosystem. Various states such as Jammu and Kashmir (1903), Tamil Nadu (erstwhile Madras-1903), Karnataka (erstwhile Mysore-1931), Delhi (1948), Uttar Pradesh (1948), Kerala (erstwhile Travancore-1950), Himachal Pradesh (erstwhile Bilaspur-1951), Rajasthan (9153), Andhra Pradesh (erstwhile Hyderabad-1956), banned the use of poisons and explosives for fishing. The use of explosives and poisonous substances for the capture of fish is also prohibited in other states like Punjab, Haryana, West Bengal, Assam, Tripura, Bihar, Tamil Nadu, Andaman etc.

10. Prohibitions on the Use of ‘Fixed-Engines’ Fixed engines are passive devices fixed across a water course, to capture fish by filtering the water. The fixed engines are erected either by wooden/bamboo pegs fixed to the bottom soil or through floats and sinkers, which may be dragnet/bag-net/gillnet or barricades constructed by split bamboo screens and wooden pegs, consisting of fish cages/traps and or a combination of both. The examples of fixed engines are hoop-nets, fyke-nets, trap-nets, fish-corals, prawn-filters etc. These contrivances captures all the fishes irrespective of variety, size and sex, completely devastating the fish population with no chance of future renewal by self-recruitment. Therefore, prohibition of use of fixed engines has been banned as early as 1897 in the Indian Fisheries Act, adopted in the states of Jammu and Kashmir, Delhi, Punjab, Haryana, Himachal Pradesh, Uttar Pradesh, Madhya Pradesh, Rajasthan, West Bengal, Manipur, Assam, Tripura, Bihar, Karnataka, Kerala, Tamil Nadu, Andhra Pradesh etc.

11. Fixation of Catch Quota-Maximum Catch per Effort Specifying maximum bulk of catch that can be hauled out in a day by various categories of fishing gear, based on their catching efficiency is also an important means of conservation. In respect of sports fishery in the states of Jammu and Kashmir, Delhi, Punjab, Haryana, Himachal Pradesh, Uttar Pradesh, West Bengal, the maximum number of trouts, that can be lifted per rod in a day is regulated under rule, i.e., 6 trouts/day/rod. As such in India, this type of regulation of fixation of catch quota is restricted to the sports/ recreational fisheries so far. Even though for passive gears like gillnets, this regulation may not be imposed, but for active gears like trawl-nets and purse-seines this can be enforced for the sake of conservation of the endangered fish population.

12. Prohibition of Jute Retting, Bamboo/Timber Seasoning Jute, hemp, bamboo, timber and such other allied materials being vegetative in origin, decay and decompose when dumped in water, producing unwanted obnoxious toxic compounds and gases to putrefy water. This form of organic pollutants badly impairs the quality of water, rendering it

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unfit for the normal life processes of the aquatic organisms, mainly by oxygen depletion and destruction of their food chain. Hence, the retting of jute and seasoning of timbers, though cannot be completely banned, can be restricted under rule, especially in the smaller stagnant impoundments, because in smaller doses the vegetative pollutants acts as manure but act as the pollutant from all angles in excessive dose. In the state of Assam, pollution of the water by retting of jute had been prohibited under rule since 1953. The regulation is also adopted in the states of Jammu and Kashmir, Uttar Pradesh and Karnataka for the inland waters.

13.4 ADMINISTRATIVE REGULATIONS 1. Rules for the Enforcement of the Legislation The various provisions of the legislation, mainly deals with certain biological, ecological, ichthyological, technological and economic considerations aiming at the general well-being of the aquatic ecosystem. Hence these regulations can be best enforced by officials with a thorough and exhaustive technical knowhow on the various aquatic biotas. For better enforcement of the regulations, fisheries department should be made responsible, since its officials are supposed to be technically equipped for the purpose. Moreover, for efficient management of fish and fisheries, at least the fishing right should be vested with the fisheries department, in case vesting of exclusive ownership over all the water resources with the fisheries department is not possible. This is because of the fact that ownership over the water bodies by multiple agencies often creates problems in the enforcement of the regulatory measures.

(a) Provision of penalty for infringement of rules As provided in the Indian fishery act-1897, adopted in various states, the enforcing officials (generally Inspector of Fisheries and above), are empowered to arrest the offenders on the spot without warrant, since this sector deals with a highly perishable product i.e. fish and fishery products. These authorized officers are to be empowered to impose penalty as per the provisions for any breach of law. The extent of imprisonment and quantum of fines to be imposed for various provisions under the act, with the power gradation among various categories of officers, should be clearly spelt out in the legislation.

(b) Provisions for seizure, forfeiture of fish and fishing accessories of the offenders Power to seize the illegal catch and the fishing appliances (boat, nets, traps, rod and line, hook and line) employed in the illegal fishing should be specified under rule. The illegal catch and fishing appliances seized from the offender should be disposed of by open auction on the spot, for which the authorized officers should be empowered. This provision envisaged under the Indian Fishery Act-1897 is prevalent in the states of Punjab, Haryana, Himachal Pradesh, Assam, Tripura, Uttar Pradesh, Madhya Pradesh, Rajasthan and Tamil Nadu.

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(c) Authorization of authorized officials for enforcement of the rules The rule should provide reasonable power to the enforcing department, in order to enforce the various provisions of the rule. The various categories of officials should be identified and authorized by the department to act within their specified jurisdictions. Powers to deal with various types of fishery resources, variation of powers between various grades of officials etc. should be clearly defined, to facilitate smooth implementation in the field.

(d) Power of

government to make/amend rules

The enforcing department should be empowered to formulate new regulations/ amend the existing rules, to suit to the prevailing local conditions for better implementation of the various provisions. Since this provision has been envisaged in the age-old Indian Fishery Act-1897, it is adopted in most of the states and union territories of India, except where the inland fishery conservation act is not in place (like Odisha).

(e) Power for enquiry and inspection The authorized officials for enforcement of the regulation are to be empowered to enquire and inspect any sector of the fishing industry, at any time they consider essential. This power is essential to check the malpractices and breach of law at any point of time. The officials authorized are to be empowered to enquire and inspect the fish and fishery products, fish farms, hatcheries, processing plants, fishing boats and nets, landing centers, fish markets, transport vehicles and so on, as and when the situation warrants.

13.5 MANAGERIAL REGULATIONS 1. Reservation of Waters Exclusively for Research Purpose There should be rule by which any desired water sheet can be reserved exclusively for scientific research without any type of fishing (fish Sanctuaries). This is essential because sound biological information’s are required for the formulation of regulatory policies, which can only be achieved through scientific research. Correct information’s regarding age and size at 1st maturity, fecundity range, breeding season, spawning frequency, mortality rates, rate of survival, migratory behavior etc. are required for the legislative agency by research, in order to formulate suitable protective regulations for the general well-being of the aquatic biota. These reserved water bodies apart from serving as the fish sanctuaries also act as the brood fish reserve for the area, as adopted in the state of Madhya Pradesh. This rule is in vogue in the states of Jammu and Kashmir, Punjab, Haryana, Himachal Pradesh, Uttar Pradesh, Madhya Pradesh, Karnataka, Kerala, Tamil Nadu.

2. Provision of Fish for Scientific Research Purpose There should be provisions under the rule, by which fisheries officers/scientists can procure desired quantity and quality of fish for scientific research purpose, on cash payment from the catch of any agency/individual during any time of the year, to facilitate smooth scientific research.

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3. Settlement of Fisheries with the Fishermen Cooperatives on Priority The greatest movement in the world and the movement with greatest future before it is the cooperative movement. Cooperation being the ruling principle operating in almost every sphere of human life, has also enters the fishery sector and great priority is usually given to the cooperative movement in the national economic planning. Thus there has been the provision to settle fishery resources with the cooperative organizations of fishers on priority basis in almost all the states of India, even with lower rate of return in term of revenue. This aims at the upliftment of the socio-economic standards of the fishers, the most vulnerable stratum of the society, by way of self-help through mutual-help.

4. Rules for Compulsory Maintenance of Statistics Statistics relating to fish production, species composition is much vital to assess the productivity of the water body, economy of production and more such biological information’s. Absence of such statistics creates problem for proper management and planning. There should be rules to impose the private fish producers, lessees, fishermen engaged in fishing to maintain production statistics, where ever possible. The rule exists in the states of Punjab, Haryana, Himachal Pradesh, Tripura, West Bengal, Uttar Pradesh, Madhya Pradesh and Tamil Nadu, especially in reservoir fishery sector.

5. Revision of the Land Tenure System Not to Keep any Water Body Unutilized In India, large numbers of small cultivable small impoundments are either under private ownership or vested with the local bodies (Gram-panchayats/NACs/municipalities) by book transfer for utilization of these waters for income from pisciculture. Pisciculture in these valued water bodies with high productive propensity largely depends upon the sweet-wills of the owners. The private tanks are mostly under the ownership of the well-to-do farmers, Jamindars, employees working far away from their native place, with no dearth of income and as such most of these private tanks are largely left unutilized/under-utilized. Similarly the state-owned tanks vested with the local bodies are left mostly uncared for on the principle of “everybody’s property is nobody’s property”. As per recent rule in West Bengal, all such small impoundments whoever may be the owner, shall have to be utilized for pisciculture purpose. What to speak of the public waters, even in case any private tank is kept fallow without culture operation and the fact came to the notice of the District Fisheries Officers, they are empowered to auction the tank in favor of anybody interested to do pisciculture in it and the auction value will be remitted to the government exchequer. By such rule not only the priced national property will be utilized for productive purpose but it will produce proteinous food by way of ensuring fuller utilization of the available resources lying fallow.

6. Prohibition of Fishing without Lease From economic considerations, all the factors of production yields its own rewards i.e. rent for land, wages for labor, interest on capital and profit for the entrepreneur. Fishery waters categorized

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under land are not exceptions to this economic considerations i.e., it should yield its own rewards for the government. But unfortunately, in some parts of India, wild hunting (i.e., free-for-all) system of exploitation of fishery water is still prevalent. By illegal fishing by unauthorized persons who have not paid for it, results not only in the loss of the national income but it leads to confrontation among the intenders, apart from destroying the fish stock in the water sheet. This can be prevented by imposing heavy penalty and punishment for the poachers, by seizures and forfeiture of their catch and the fishing appliances. This rule exists in the state of Assam, Uttar Pradesh, West Bengal, Punjab, Haryana, Himachal Pradesh, Kerala, Karnataka and Tamil Nadu.

7. Definition of Religious Waters Defining religious waters and prohibition of fishing there from, is an age-old practice and was customary even in the ancient princely states of India. These waters besides acting as the fish sanctuaries, also attracts tourists and pilgrims for the aesthetic sense and recreation. By tradition fishing is prohibited in the temple tanks since generations and these waters present a galaxy of giant specimen of aquatic organisms, hardly seen elsewhere. This restriction is prevalent in the states of Assam, Tripura, Uttar Pradesh, Madhya Pradesh, West Bengal, Odisha, Karnataka and Tamil Nadu.

8. Rules for Maintenance of Cleanliness of Water by the Lessee Legal provisions to maintain cleanliness i.e., hygienic conditions, especially in the smaller fishery waters are essential for the ecological well-being of the fishes. Because pollution can affect the ecology, rendering it unfit for normal aquatic life. Addition of organic/inorganic materials to a water body within limit always improves the fertility, but in excess it leads to serious detrimental ecological imbalance, destroying the eco-system to affect the feeding and breeding biology. Therefore, strict regulatory measures should be imposed for maintaining hygienic condition in the fishery waters, especially by the lessee in favor of whom it is settled. This rule exists in the state of Assam, West Bengal, Punjab, Haryana and Himachal Pradesh.

9. Regulation for Proper Maintenance of the Water Sheets As adopted in the states of Assam and Manipur, there should be rule under which the lessee will be responsible for necessary maintenance of the water body, which has been settled in his favor. Due maintenance of the embankments, sluices, surplus-weirs and such other infrastructures, if any, provided to the leased out water body, should be the exclusive responsibility of the lessee. Otherwise, the government has to spend unnecessarily for maintaining the water bodies after the period of lease is over.

10. Rules for Control of Aquatic Pollution Aquatic pollution is defined as “the presence of any foreign materials (organic/ inorganic/ radio-active/ biological) in water, which tends to degrade its quality, so as to constitute a hazard or impair the usefulness of water”. Water as a natural resource; influence greatly the economy as a whole of any nation.

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Population growths, change in the standard of living, industrialization, have created water pollution and the world is very nearer to face global pollution threat in very near future. The main causative agency for water pollution is man himself, whose various activities directly or indirectly impair the water quality in form of domestic or industrial effluents. Most of the thick human habitations i.e., cities/towns, being located in the periphery of reservoirs/rivers/estuaries/ sea-fronts, discharge both the sewage and industrial effluents into water. In addition, washings of the herbicides and pesticides used in the agricultural fields, ultimately find their ways into the water. Water as an eternal cleaner, has its own purifying capacity, but addition of pollutants beyond the limit of self-purification is aggravating the situation. Aquatic pollution creates biological imbalance leading to ecological disaster for the aquatic life-forms. Provisions against pollution exists in the Indian Penal Code/Criminal Code, which confers powers on state Inspector of Factories, for ensuring proper treatment of industrial effluents before discharge into nature. But these provisions have failed to prevent pollution due to lack of expertise and enforcement officials. The Central Water Pollution Control Board-1974, as per the Prevention and Control of Pollution Act, constituted by 17 members representatives from Industries, Agriculture and Fisheries, is responsible for the control of aquatic pollution. The Pollution Control Boards of the various state governments are responsible to control aquatic pollution, by suitable legislative mechanisms. But proper enforcement of the pollution control norms is yet to be achieved. To monitor the aquatic pollution from all industries, “may be aquaculture”, Government of Tamil Nadu has constituted Monitoring Committee at the district level with Collector as the Chairman of the committee and the members of the committee are from various department viz. Agriculture, Forest, P.W.D., Fisheries and Pollution Control Board. Other state governments may also think in this score.

11. Delimitation of Fishing Zones i.e., Specifications Areas for Different Fishing Crafts In recent years, mechanization of fishing vessels and fishing methods, especially after the 60s has created greater diversity in the catching efficiency of various fishing units, ranging from the subsistence fishing by the small-scale traditional indigenous crafts to the most sophisticated longendurance factory vessels, equipped with not only the mechanized means of propulsion but fish detection and scouting mechanisms with mechanized means of handling of fishing gear as well as catch thereof. This mechanized means of fishing operation has created serious adverse effects on the economies of the small-scale fishers operating in the coastal waters. This was due to the encroachment of the area of operation of the traditional crafts, by the mechanized boats concentrated in few coastal fishing harbors, due to the paucity of adequate landing and berthing facilities everywhere. The mechanized vessels capable of quicker means of propulsion have filtered major share of the catch from the coastal waters, operating huge sophisticated fishing gear, which was previously shared by thousands of indigenous fishing units of the small-scale fishers. Due to the rapid growth of mechanized fishing during the 60s and 70s, the mechanized vessels have encroached upon the areas traditionally exploited by the artisanal fishers. The rising conflicts between artisanal

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fishers and trawler-owners were the driving force behind the Marine Fisheries Regulation Act (MFRA). Problem was created in the south-west coast of India, between the owners of the mechanized and traditional boats, especially after the introduction of the purse-seine fleet during the late 1970s. This has necessitated judicious rational distribution of the fishing grounds among various stakeholders, based upon their propulsive efficiency. (a) Near-shore waters exclusively for the indigenous boats (b) Inshore waters for the small motorized boats fitted with OBM (c) Offshore grounds for the mechanized vessels (d) Deep-sea grounds for the sea-going vessels with long endurance. This allocation of different fishing grounds in term of distance from the shore, among various vessels can be achieved according to their propulsive efficiency. This need of delimitation of fishing zone among various categories of fishing vessels was discussed during 1976, in the 10th meeting of the Central Board of Fisheries held on 22-23 March, 1976 at New Delhi, where a committee under the chairmanship of Mr. A K Majumdar, Secretary Fisheries, Maharashtra was formed in May, 1976 to look into the matter. The committee in its report submitted to the government of India in December, 1978, recommended the following allocation of fishing grounds among the various groups of vessels: S.No.

Category of Vessels

Limit of Operation

1.

Non-mechanized traditional fishing vessels

Up to 5 kms from the shore

2.

Mechanized fishing vessels below 25GRT or 15 meter OAL

Within 5 to 10 kms from the shore

3.

Off-shoe and deep-sea fishing vessels above 25 GRT or more than 15 meters OAL

Beyond 10 kms from the shore

Based on the recommendations of the committee, the Marine Fishing Regulation Act was enacted during 1978 by the Government of India and the state governments of all the maritime states and union territories were advised in 1979 to enact suitable laws, for their respective coast, with due emphasis to the local conditions, since the maritime States are responsible for the marine fisheries legislation within their territorial waters. There are 10 maritime states and 2 union territories in India, i.e. Gujarat, Maharashtra, Karnataka, Goa and Kerala along the west-coast, bordering the Arabian Sea; and Tamil Nadu, Pondicherry, Andhra Pradesh, Orissa and West Bengal along the east coast, bordering the Bay of Bengal. The 2 island union territories, i.e., Lakshadweep and Andaman are situated in the Arabian Sea and Bay of Bengal respectively. Kerala and Goa were the first to enact the Marine Fisheries Regulation Act in 1980, followed by Maharashtra (1981), Orissa (1982), Tamil Nadu (1983), Karnataka (1986), West Bengal (1993), Andhra Pradesh (1994). Gujarat and Andaman in 2003, Lakshadweep in 2004. The Government of Pondicherry has issued executive orders on the matter.

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Delimitation of Fishing Zones Under MFRA in Various States Coast

Name of the State

Fishing Area Demarcated for Fishing Traditional Crafts

West-Coast

East-Coast

Mechanized Vessels

Gujarat (2003)

Within 5 Nms (9 Kms)

Beyond 5 Nms (9 Kms)

Maharastra (1981)

Within 10-20 meters

Beyond 20 meters

Goa, Daman and Diu (1980)

Within 2.6 Nms (5 Kms )

Beyond 2.6 Nms (5 Kms )

Karnataka (1986)

Within 3.23 Nms (6 Kms)

OAL15m:Beyond 20 Kms

Kerala (1980)

Within 10 Kms

GRT25:Beyond 23 Kms

Tamil Nadu (1983)

Within 5 Kms

Beyond 5 Kms

Andhra Pradesh (1994)

Within 10 Kms

OAL20m:Beyond 23 Kms

Odisha (1982)

Within 5 Kms

OAL15m:Beyond 10 Kms

West Bengal (1993)

OAL9mtrs: 8-20 Kms

OAL15m:Beyond 50 Kms

Andamans and Nicobar (2003)

Within 6 Nms (11 Kms)

Beyond 6 Nms upto 12 Nms (From 11 - 22Kms)

These Acts are mainly based on provisions to regulate fishing vessels for fishing in the territorial waters, maintaining law and order, aiming at protecting the interest of the traditional fishers. But these legislations failed to provide for limited access, inter-State vessel movements and effective action against the infringements (Mathew-2003). 1. These Acts demarcate fishing zones in the territorial waters for fishing by non-mechanized and mechanized fishing vessels. The distance from the shore earmarked for each category of vessels varies from state to state. In general, 5 to 10 km is reserved for operation by artisanal, non-mechanized vessels. 2. Apart from regulations of fishing areas provided in the Acts, there has been provisions in some states for the seasonal closure observed normally prior to or during the onset of the south-west monsoon (June-September). 3. Even, the procedure for licensing of fishing vessels, allocation of landing centers for operation of vessels, minimum mesh size regulation, ban on harmful fishing gears and methods has been suggested in few states.

12. Reservation of Water Bodies for Sports Fisheries There should be special provisions under rules by which the fishery department can reserve the fishing rights exclusively for sports fishery for the recreational purpose. This type of reservation of water bodies is essential especially in the hill-streams for the trouts, Mahaseers for promotion

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of tourism. In these reserved waters only hook and line/ rod and line fishing are allowed with prescribed license fees per rod/hook per day, with maximum specified numbers of species that can be lifted per gear in a day. The minimum size at 1st capture should also be specified for the conservation of the stock as practiced in Punjab, Haryana states (6 trouts per day per rod, not less than 10" in length). Such rule prevails in the states of Jammu and Kashmir, Punjab, Haryana, Himachal Pradesh, Delhi, Manipur, Uttar Pradesh, Karnataka and Tamil Nadu.

13. Control on Conversion of Water Bodies for Alternative Land Use (WB) Due to population explosion, existing water bodies are often converted for other land use, especially in urban and semi-urban locations wherever land is scarce. By such conversion not only the beneficial effects of the water body, like source of water supply, drinking water source for the birds and animals, habitat for the aquatic biota, ground water recharge etc., are lost but fish production there from is dispensed with forever. Therefore, as prevalent in the state of West Bengal, conversion of water sheets for alternate land use, should be a cognizable offence under rule, with stringent fines and punishment for such illegal act, so as to protect these valuable water sheets, for their important socio-economic contribution.

13.6 FINANCIAL REGULATIONS 1. Systems of Settlement of Fishing Rights/Exploitation Methods Adopted In India, management of capture fisheries in rivers, estuaries, reservoirs, lakes and wet-lands is vested with the State Governments, fisheries being a state subject. There is a good deal of difference in the exploitation systems adopted by individual States, from free-for-all fishing to outright auctioning. State Fisheries Corporations and Cooperatives (Primary/Regional/Apex) are involved in fishing and fish marketing also. There is lack of uniformity in fishery regulations among various types of resources, keeping in view the socio-economic aspects of the fishers. In most cases, the government controls the exploitation by controlling the fishing efforts/acting as a marketing link. Unregulated fishing by unauthorized agencies, affects the well-beings of fisheries in any capture fishery resources, directly interfering in the natural recruitment and growth patterns by imposition of high rate of fishing mortality. It is therefore, very essential to regulate fishing activities by authorized agencies; adopting uniform procedures for settlement of fishing right. By such procedure, besides earning an appreciable amount of revenue, the fishery can be developed; enforcing conservation methods viz., specifying the size at first capture, release of breeders and juveniles after capture, specifying the minimum mesh size of gears, closed season and fishing efforts in term of number of active fishermen, units of fishing craft and gear. The various procedures for settlement of fishery and methods of exploitation at present adopted in India, for capture fisheries resources (especially in the reservoirs) with their relative merits and demerits can be analyzed as follows:

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(a) Wild-hunting system or free-for-all system This open access system believes on free entry of anybody to catch fish by any fishing methods during any period of the year from the wild unmanaged resources. This was prevalent in most of the irrigation reservoirs in Orissa before 2002, where inland fisheries legislation is altogether absent, so far as inland capture fishery resources are concerned and Government was helpless for sustainable development. Thus fishermen of the adjacent locality of the reservoirs earn their livelihood, conducting fishing at a subsistence level. This practice was prevalent due to the multiple ownerships over water resources i.e., by various departments like Revenue/Forest/Water Resource/Soil Conservation/Tribal Welfare Departments/religious institutions etc. However, after the Orissa State Reservoir Fishery Policy (OSRFP-2002) was enacted, the situation has changed.

(b) Licensing system This is one of the most primitive systems of settlement of fishery adopted in case of water areas, where no care has been taken to develop the fish-stock of the water bodies by the Government. “Issuing license to some interested fishermen of the locality with fixed amount of license fees per month/year and leaving the exploitation at their disposal” is the principle of this system. This system is adopted in some parts of Tamil Nadu, Andhra Pradesh, Haryana and Punjab, with agreement for adopting the conservation rules by the licensees. Though the system operates on the principle of “getting something better than nothing”, it influences the socio-economy of the fishermen community. In case a river/reservoir forms common boundary for more than one State/Nations, the cooperation of the concerned States/Nations is needed for formulation of the licensing policy.

(c) Lease system Under this system, fishing right is leased out either by negotiation/nomination/auction/on the average of last 3 years income/fixed amount per unit area/ period i.e., (ha/year), to an individual or group of fishermen for exploitation. This is prevalent in many states like Odisha, Maharashtra (Pondarabadi Reservoir) etc. being adopted by State Government Departments/Local bodies/ Religious Institutions etc., owning the waters.

(d) Auction system Here the right of fishing is auctioned openly by open bids from individuals or agencies and the highest bid is approved. This simple system of settlement is adopted in the state of Rajasthan, after prescribing the mesh size of gears, size at first capture, closed season, scientific requirements, licensing of fishermen etc.

(e) Royalty system Here fishing right is conferred upon group of fishermen or cooperative society subjected to the conditions of payment of prescribed amount of royalty per kg/quintal of their catch/hectare of water spread area and adoption of the protective legislations specified.

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The system is prevalent in the States of Orissa with per hectare royalty (under OSRFP-2002), Madhya Pradesh (Gandhi Sagar, Takenpur, Harsi, Tigra reservoirs), Maharashtra (Ekharji Reservoir), Uttar Pradesh, Haryana, DVC (Moithan reservoir) etc.

(f) Royalty cum auction system It is the modified system of royalty system under which, either open bids or sealed tenders are invited and the highest bid/ tender for royalty (species wise) is accepted. The system is prevalent in Punjab (Govind Sagar) and it aims at maximization of revenues from the reservoirs in term of royalty.

(g) Bifurcated tender (moundage) system Here two separate tenders are invited, one for catching the fish and the other for disposal of the catch. The lowest tender for catching of fish (species-wise) and the highest tender for lifting the fish (variety-wise) are accepted to maximize the revenue earnings. The working of both these catching and lifting agencies/contractors is regulated by exhaustive terms and conditions, specified for protection and conservation of the fish stock. The system is prevalent in Uttar Pradesh (Rihand, Matatilla, Saradasagar etc.). In Madhya Pradesh the lowest tender for fish catching is accepted but the Fisheries Department/Corporation takes the responsibility of fish disposal/sale, along with the enforcement of conservation regulations.

(h) Department fishing system Departmental fishing being an uneconomic proposition is followed only for the experimental and exploratory purposes in few reservoirs, in the developmental stage of the reservoir fishery during initial post-impoundment years. Departmental fishing is generally adopted in form of experimental fishing and has to be continued until the fish-stocks establish themselves by natural recruitment. This is achieved either by employing departmental crafts, gears and man-powers or by utilizing the services of the fishermen/private parties or cooperative societies on share basis prescribed earlier. This system was prevelant in the states of Tamil Nadu (Bhawanisagar) and Maharashtra (Radhanagari reservoir).

Which System is Best and why? (i) Wild hunting and licensing systems are most primitive which often lead to stock depletion and thus should be completely banned by framing suitable rules. (ii) Auction system with strict conservation restrictions though very simple, are always accompanied with demerits like: (a) Even the most rigid terms and conditions for conservation cannot regulate over fishing and stock depletion. (b) Secondly, it keeps the fishermen wage earners giving profits to the middlemen/ contractors lifting the catch. (c) Thirdly, the bid may be very nominal when bidders are able to form rings, with or without the connivance of the departmental officials.

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(iii) Royalty system is suitable for achieving maximum catch, eradication of unwanted trashfishes, collection of reliable catch statistics, but the demerits are as follows: (a) Fish cannot reach the consumers in prime conditions (b) Poaching cannot be prevented with or without the connivance of the departmental officers and government cannot get full revenue. (c) Full revenue may not reach the state exchequer (d) Proper enforcement of conservation rules may not be achieved in spite of best efforts. (iv) Royalty cum auction system is one of the most efficient systems of exploitation due to its simplicity of operation, maximization of revenue, efficient method of fish disposal and control over poaching. The bids are more competitive because impacts of fish preservation, transportation, marketing etc. are adequately reflected in the bid. (v) Bifurcated tender system is also very efficient and simple. It yields maximum revenue but there is possibility of revenue evasion with or without the connivance of the departmental officials. This can be adopted with exhaustive terms and conditions relating to the protective legislation for conservation of the fish population. (vi) Departmental fishing system is very important in the developing stage of fishery of the reservoir, just after the first impoundment when the response from the fishermen is poor and to carry out selective experimental fishing until the fishes establish naturally. (vii) Lease system is good only in the developing stage of the reservoir, because the revenue from the reservoir to the state is not competitive under this system. (viii) Auction/Lease systems though primitive can only be adopted, when the Government (Departments owning the waters) is totally helpless in preventing poaching or where conservation legislation does not exist.

2. Rules for the Fishing Right not to be Resold, Resettled, Sub-leased by the Lessee There should be strict regulation to prevent any lessee to sub-lease/resell/resettle the fishing rights acquired by any of the procedures discussed earlier. This provision prevents formation of rings among the intending bidders/tenderers to own the fishing right. This will also make the collection of revenue (in form of royalty/lease value/tender/auction value) easier, apart from facilitating the proper enforcement of protective/ conservation regulations

3. Uniform Procedure for Settlement of Fishery There should be single uniform procedure for settlement of fishery resources, in favor of the intending individuals/agencies/coops to prevail throughout the state for each group of resources, no matter whichever department may own them. This will not only ensure settlement of fishing rights in a transparent way but will reduce legal complications also.

30. Rules to Specify Public auction and Negotiation/Lease Procedure There should be single, uniform, transparent procedure for settlement of fishing rights over various fishery resources i.e. rivers, river-pools, tanks, lakes, reservoirs, wet-lands etc., throughout the state.

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13.7 MARKET REGULATIONS (i) In the Field of Marketing

1. Prohibition of sale of sub-standard fishes and fishery products

2. Procedure for sale of fish according to regulations

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Even though the working of the contractors according to the strict terms and conditions is doubtful from practical point of view, the system is one way the 1st Steps towards regulated fish marketing.

(ii) In the Field of Sanitation, Quality Control and Exports In India regulations for the quality control aspects of exportable fish and fisheries products are in existence from 1965. Regulations for quality control and pre-shipment inspection of the frozen and canned products came into force since 15th March, 1965 and of frozen prawn since 15th January, 1966. This scheme was administered by the CIFT up to April 1969 and subsequently by the Export Inspection Agency (EIA) working under the technical and administrative control of the Export Inspection Council (EIC) from May, 1969 under the administrative control of the Ministry of Commerce. However, the existing sanitation and quality control rules are restricted for the exportable fish and fish products only. But there is practically no quality control and sanitary regulations so far as the domestic fish markets are concerned. To prohibit sale of sub-standard fishes and fishery products, sanitary inspectors or health inspectors empowered, under rule wherever exists, perform only occasional inspections. The following are the various regulations in force:

1. Restrictions for uniform pattern of grading and standardization The EIC has specified various standards for the canned and the frozen fish and fishery products for the export purpose, to be meticulously followed by the various processors. Definite grades and standards have been specified for the exportable materials, to cater to the need of the prospective over-seas buyers, in term of the market information gathered from the overseas markets.

2. Rules for in-plant inspection and enquiry of marketing and processing units The EIC is empowered to enquire and inspect the fish processing plants by its officials to ensure sanitary and hygienic standards of fish processing, suited to the grades and standards specified for various products. The agency also inspects the processed products before shipment and certify for its quality aspects.

3. Fixation of sanitary standards of fishery products The EIC has prescribed the quality aspects of the exportable items from the sanitation point of view. Specific standards regarding the color, texture, odor, plate count of various micro-organisms and pathogens, has been specified for different types of exportable fish and fishery products.

4. Compulsory icing of the catches on board of vessel and hygienic handling on shore The EIC and MPEDA always insist on the fishing industry for chilling the catch immediately after capture on board of the vessels and the hygienic handling on the shore after the landing. The MPEDA also subsidizes the cost of fish boxes, construction of cooling sheds, construction of dry fish godowns etc. to ensure quality products with increased self-life.

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13.8 CONCLUSIVE REMARKS In spite of the existence of the Indian Fisheries Act-1897 and the various provincial fishery legislations enacted subsequently as listed above, the enforcement machineries in most of the states are grossly inadequate thus vitiating the vary purpose for which these acts were promulgated. Despite adequate legal provisions for various inland capture fishery resources (especially for the riverine and lacustrine fishery), indiscriminate killing of brood fishes and their juveniles in huge bulk, coupled with severe water pollution threat has jeopardized the health of most inland fishery resources throughout the country. In India, the outdated century-old Indian Fisheries Act of 1897 is still the basic framework within which, regulations are formulated at both the national and the state levels (Jhingran and Tripathi-1977). Traditional regulatory measures formulated by the erstwhile princely states based on empirical knowledge, without any scientific back-ground are of doubtful utility. Therefore, there is an urgent need to discard the age-old legislations of limited importance and instead formulate and enforce regulations based upon the scientific analytical approach for each unit of population of aquatic fauna and flora in various categories of the fisheries resources.

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14

Unit

CRITICAL ANALYSIS REGULATIONS

AND

OF THE

EXISTING

RECOMMENDATIONS

14.1 PRELUDE India is one of the largest countries of the world, often referred to as a sub-continent on its own merit, with geographical area of 3.3 million km2. The southern Indian peninsula plunges into the Indian Ocean, with the peninsular tip at the Cape Cameroon (8° 4’ N latitude) being closer to the equator. As such, half of India falls above the Tropic of Cancer and half in the tropics, the climate varying from temperate in the north to warm tropical in the south. In view of the vastness of area, variations in the geographic terrain and climatic features, the available fisheries resources also exhibit great deal of variations. About all the different types of fishery resources are in existence in this subcontinent, starting from the snow-cold waters in the high altitude lakes and hill-streams (suitable for cold-water fishery) to the warm waters of the tropics in the south. Taking into consideration the prevailing salinity regime, the resources may be of fresh-water, brackish-water or marine types. Again based upon the operational strategy the resource may fall under the inland or marine sector and depending upon the management options, it may come under the culture or capture fishery sector. Therefore, the types of fisheries regulations in force in various states of India accordingly vary greatly to suit to the local conditions, the types of the resources, the type of management options adopted, the state i.e. geographical/climatic terrain in which it is located, since inland fishery regulation is a state subject. Even the same regulation is also prevalent in different categories of resources to achieve the same fundamental objectives, like the conservation regulations applicable for most capture fisheries resources, inland or marine. But conservation regulation like period of closed season declared in various parts of the country vary greatly, depending upon the unset of monsoon i.e. the breeding seasons for most fishes. Similarly, mesh size regulation, minimum size at first capture and marketability, also vary for each targeted fish species, even in the same state and in different geographical terrain and different resources. In India, there are states with well defined legislative framework (i.e. Assam), where as there are states where inland fishery conservation act is all together missing (i.e. Odisha). Even after

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above long six-decades of independence, there are few specific subjects, wherein there are considerable voids in different states of India, so far as formulation and implementation of the legislative framework is concerned. Few of these sectors which warrant special mention and urgent attention of the planners and administrators are as follows:

14.2 POLICY REGARDING THE OWNERSHIP OVER THE WATER RESOURCES The existing vast and varied inland water bodies may be of lotic (flowing type like canals, streams, rivers, estuaries) or lentic (stagnant type like ponds, tanks, reservoirs, lakes) type, warm water of the tropics and subtropics, cold waters of the high altitude mountain ranges; fresh-water, brackishwater or marine based upon the salinity. In term of area and expanse, it ranges from small seasonal streams to mighty perennial rivers and from small backyard ponds to major reservoirs/lakes. The present policy regarding ownership over these water bodies adopted in India shows great diversity in different states. Apart from the private owned water bodies, ownership over majority of the public water sheets, both in lotic or lentic forms are vested with several departments of government, creating serious problem for their management and development from fisheries point of view. (a) In the north Indian states of Jammu and Kashmir, Punjab, Haryana, Himachal Pradesh, Rajasthan, the exclusive fishery rights over the public waters are vested with the fisheries department for development, which should be the ideal procedure throughout the country. (b) The fishing right is owned by several departments apart from fisheries like revenue department as in Assam and by irrigation departments as in Punjab and Haryana. (c) In Uttar Pradesh, Madhya Pradesh, Maharashtra, Andhra Pradesh, Tamilnadu, the ownership is vested with the irrigation and fisheries department. (d) In Nagaland, the water resources are owned by the state government but the fishing right is vested with the village communities. (e) In the Arunachal Pradesh, the ownership over the public waters is shared by the forest and the revenue department. (f) In Manipur, Tripura, West Bengal, Bihar, the ownership are vested with revenue, forest, irrigation departments. (g) In Pondicherry, the ownership of public waters is shared by the revenue, irrigation and fisheries departments. (h) In Odisha, ownership over the public waters (rivers, canals, reservoirs, tanks, swamps, wetlands etc.) is vested with revenue, forest, panchayati-raj, water resources, tribal-welfare departments, religious organizations. The fisheries department is left with few fish farms to supply quality fish seeds and render technical guidance where ever needed. However, after the enactment of the Odisha State Reservoir Fishery Policy (OSRP) in 2002, the fishing rights over all the reservoirs of the state above 10 hectares water spread area, has been vested with the fisheries department for management.

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Even though the revenue department is the owner of all the land resources (including water) of the state, subsequently large numbers of village tanks and small irrigation tanks are transferred to various local bodies like Gram-Panchayats, NACs, Municipalities, Municipal Corporations and so on, to boost of their income through pisciculture operations. Similarly there are also few tanks owned by the religious organizations and other private bodies. Autonomous bodies like the Damodar Valley Corporation, Tungabhadra Board etc also own some water bodies. The above diverse pattern of ownership over the public waters poses great management problems by adopting uniform pattern of leasing policy, development strategy, enforcement of regulatory measures etc. As a result, major chunk of these resources are either lying fallow or are under-utilized without sound management plans. To solve the aforesaid problem 2 alternatives are suggested: 1. The fishing right, in case exclusive ownership transfer is not possible, can be vested with the fisheries department, which is technically equipped for developing these neglected productive resources, not only for augmenting proteinous food production but to create sizable employment opportunity in rural India. 2. Alternatively, as adopted in Nigeria, an autonomous central organization called as the “Fisheries Authority” can be established at the national level, with which the entire available water resources of the country can be vested for holistic fisheries development. In either of the cases, the single organization responsible for the fisheries development can plan efficiently to manage well, following uniform measures for all the varied groups of the available water resources.

14.3 RESTRICTIONS ON THE CONSTRUCTION OF DAMS/WEIRS/BARRIERS: OBSTACLES FOR FISH MIGRATION Highly important are the dams and weirs in recent years, for which top priority has been focused in the national planning in the post-independence era, to construct dams/barrages/anicuts across almost all the major river systems of our country; due to their multifarious benefits viz. irrigation, flood-control, power-generation (hydro-electricity), inland navigation etc. These large water sheets created by obstructing the natural flow of the streams offer tremendous scope for augmenting fish production. But harmful effects of such constructions, especially from fishery point of view, have been overlooked completely in the planning process. Fisheries though contributes very insignificantly to the national economy, the important role it plays in the socio-economic wellbeings of the poor fishers and production of high class animal protein for the common man to counter malnutrition/unemployment; cannot be completely overlooked.

Effects of Barriers The effect of the permanent barricades either environmental or obstructional depends upon their location and the inherent aquatic-fauna of the concerned lotic ecosystem, across which they are constructed. The harmful effects of permanent barriers across rivers/streams over the riverine fisheries are:

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(i) Change in the ecology of the up and down stream river, from lotic to lentic conditions alter the inherent fish fauna (ii) Reduction in the volume and velocity of water due to controlled discharge from the dam affects the fishes (iii) Changes in the depth of water in the upstream reservoir and downstream residual river affects the faunistic variation (iv) Changes in the physico-chemico-biological conditions from riverine to lacustrine conditions up-streams (v) Heavy fluctuation of salinity in the down-stream of the coastal estuarine dams, like Godavari barrage at Rajmundry in Andhra Pradesh, Jobra barrage at Cuttack across Mahanadi in Odisha (vi) Change in the fertility/productivity of water, due to the nutrient burial in the up-stream reservoir, which are carried in by the run-off water from the vast catchment area (vii) Apprehension of easy and quick water pollution both in the upstream reservoir and the downstream river, due to stagnant condition and controlled discharge respectively (viii) Destruction of the shallow spawning/feeding grounds of the fishes, due to inundation in the up-stream and bottom exposure in the downstream. (ix) As physical barrier prevent the breeding migration of Indian Major Carps, Mahaseers and other anadromous species (like Hilsa), and the catadromous species (like Eels, Mullets, Prawns).

Harmful Effects The evil effects of damming of rivers on fisheries were realized as early as 1873 by Sir Francis Day, based on whose recommendations the Indian Fisheries Act was enacted during 1897. The Indian Fisheries Act prohibits/regulates the erection and use of fixed engines (anything fixed in the soil across a water stream to catch fish) and the construction of dams/weirs. But it is unfortunate that no suitable remedial measures have yet to come up even after more than a century. The change of ecology of rivers from lotic to lentic conditions has resulted in the complete extinction of some important riverine fishes, which are unable to withstand such drastic ecological changes. For example: once the most flourishing fishery of Mahaseers (Tor species) in the river Mahanadi, Cauvery, Tungabhadra, Godavari and Ganges has totally failed after the construction of Hirakud Dam, Krishnaraj Sagar Dam, Tungabhadra dam, Godavari barrage at Rajmundry and Farakka barrage respectively. Similarly the very rich Hilsa fishery of all most all the river systems of India has been affected very seriously. Hilsa in Ganges river system which was migrating as high as up to Agra (anadromous breeding migration) was the important species in the commercial catch, before the construction of dams/barrage. The annual catch of Hilsa at Allahabad has been reduced from 20 metric tons annually to as low as 300 kgs at present (Pantulu et.al., 1966).

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Remedial Measures However, for the harmful effects of damming across rivers on fishery, such constructions of multipurpose dams cannot be avoided, due to their multifarious benefits. But remedial measures to over-come these evil effects of damming as indicated below can be undertaken, if properly planned and executed along with the reservoir planning and execution.

(a) Provision of fish ladders/fish passes The construction of dam acts as a physical barrier to migration of the migratory fishes. Thus such an obstacle can minimize or seriously deplete the fishery. The first and foremost remedial measure to ensure safe migration of fishes across the dams is the so called fish ladders/lifts/ ways/passes/ passages, mostly designed in developed countries like Canada, USA, Scotland etc. But these foreign designs have proved to be unsuccessful for the fish passage provided at Farrakha Barrage and Bhakra Dam. The passes serve as fish traps, rather than passage for the fish migration. At present, it is necessary to investigate the designs of fish-ladders suitable for Indian dams, preferably with low investment to ride over this alarming situation. The rivers serve as the breeding and nursery grounds for one of the most valuable commercial anadromous fish, the Hilsa ilisha. It migrates into fresh water for spawning and thereafter returns to sea and attains its maturity there, prior to its breeding migration into the rivers. The construction of dams will act as barrier and this will exterminate the fishery of these fishes. In recent years, however evidence of the existence of some non-migratory resident stock of Hilsa has been collected. The fresh water eel (Anguilla bengalensis) is a catadromous fish, descending into the sea for breeding. These fishes are known to perish after spawning. The Elvers larvae of these fishes ascend the fresh water rivers from the sea and grow to maturity in fresh water environment. Many other species like the fresh water prawns, mullets also do migrate seaward for breeding and their larvae enters the rivers/ estuaries/ back-waters for feeding and maturation. The ultimate solution of this problem lies in providing fish-ways/passes/ladders/paths/ passages for these migrants. There are many types of fish passages, but the types of fish-pass, must be adjusted to the behavior of the fish in overcoming the obstacle, migratory habit of the fish, conditions of water flow, natural and structural features of the pass. Moreover fish-ways are expensive to build and operate. The cost of fish-way should be well assessed against the capitalized value of the present and the potential resource that require it. Each case should be decided individually on case to case basis by its own merits.

(b) Provision of artificial spawning grounds Fishes like the Indian major carps, the priced native fauna of almost all the Indian rivers, migrate upstream during the monsoon flood to spawn in the shallow, freshly inundated marginal shelves, usually very rich in nutrients and dissolved oxygen. This natural upstream movement is obstructed by damming. In case of dams/anicuts constructed in the up/mid stream of the rivers, where facility for fish migration may not be possible, facility for fish breeding can be provided by the provision of artificial spawning grounds (Therapan and Bhukaswan -1978).

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Suggestions for Legal Provisions

14.4 RULES FOR CLEARANCE OF TREE-STUMPS AND LEVELLING OF RESERVOIR BASIN/MARGINAL-SHELVES

Fig. 14.1. Reservoirs submerge the Forest Area where it is Built

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Hulbey-1959 stated that, there are many benefits to be derived by leaving large un-cleaned areas at low elevations as the fishery management pool, within the dead storage area. One factor which may be of prime importance, is mainly the standing timbers, litters and debris, which will tremendously increase the surface area for attachment/growth of periphyton and other sedentary organisms, thereby increasing the food reserve in the reservoir. The abundance of these organisms on and in the trees submerged varies with location, type of wood, the distance of the trees from the shore and the prevalent turbidity. In USSR, studies of submerged forests were carried out on the Rynbinsk reservoir. Puddubuyi1963 observed that fishing is done by means of standard gillnets, with mesh sizes of 12 to 70 mm. The highest average catch was recorded from the submerged forest plains; it was lower in shore protected by dead trees and lowest in the open waters. The probable reason being that: the presence of submerged forests prevented organic matters from being washed out, promoted the mass development of planktons, periphytons and other food organisms, creating conditions conducive to the feeding of many lacustrine fishes. Beter-1970 found that the benthos in areas of recently flooded vegetation of a reservoir, exhibited a higher rate of accumulation than in the cleared areas. He suggested that the vegetation provided more surface space for attachment/ protection and served either directly or indirectly as a nutrient/food source.

Fig. 14.2. Tree-stumps in Reservoir, Create Obstacles for Fishing

Removal of timbers and bushes from the reservoir bed and leveling of the reservoir bed, especially the peripheral shelves, to facilitate netting is thus debatable with fractured opinion. Reservoir bed free from obstructions facilitates the use of active fishing gears. But many suggest that leaving the timbers and forests intact for variety of purposes like, reducing wave action, settlement of colloidal clay turbidity, substrata for periphyton growth, providing habitat for fishes and decay of the vegetative matter to augment nutrient level (Bhukaswan-1980).

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Both before and after the impoundment, clearance of obstacles has been tried in few reservoirs in India. About 61.4 km2 forest areas were cleared in Hirakud after many years of impoundment, when the bed was exposed during summer. In Madhya Pradesh, invariably the trees are cut from the reservoir bed and auctioned; a certificate to that effect i.e. stump clearance, is invariably furnished by the Fisheries Department as per rule, before the first impoundment of any new reservoirs.

14.5 RESTRICTIONS ON THE INTRODUCTION OF EXOTIC FISHES IN INLAND WATERS Introduction of a foreign species into the inland waters of a country is termed as an exotic species in the latter. In spite of a very rich bio-diversity of ichthyo-fauna (over 2200 fish species), indigenous to India, above 300 exotic species have been introduced so far into the country (Jhingran-1989). However, majority of these species are ornamental fishes confined to aquaria, with very little scope of entry into the natural waters: as such their impact on our indigenous fishes has not been discussed here under.

Need of Exotic Fishes The need and objective for introduction of such exotic species are multifarious, few of which are summed up below: 1. Colorful aquarium fishes are for viewers’ delight/for ornamental uses. 2. For angling delight in sports/recreational fishery (Trouts). 3. To counter special control problem of weeds (Grass-carp) and insects (Gambusia) 4. To occupy the place of quick growing variety in case of its absence (Silver-carp) 5. To occupy definite/vacant trophic-niches in the ecosystem as compatible species (Common-carp). 6. To control diseases by way of predation upon the causative organism and/or its intermediate host. (Larvicidal fishes). 7. To take advantage of specialized habits like: quick growth (Thai-magur), prolific breeding (Tilapia), omnivorous feeding (Common-carp) in order to broaden the species spectrum. The discussion of the relative merits/demerits of the various Exotic fauna of commercial importance in Indian waters will reveal their usefulness and impacts.

A - For public health - larvicidal fishes (Gambusia affinis - from Italy in 1928) (Labistes reticulates – from South America in 1908) These are larvicidal fishes imported for the control of mosquito population, since they feed upon the insect larvae from marshy areas and swamps in derelict or semi-derelict conditions and are of very little significance, so far as food value in aquaculture practices in our country is concerned.

Critical Analysis of the Existing Regulations and Recommendations

Fig. 14.3. A Pair of Larvicidal Fishes (Gambusia)

B - For sports fishery: trouts

Fig. 14.4. The Brown-Trout and the Rainbow Trout

C - Food fishes in aquaculture

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Fig. 14.5. The Grass-Carp

Fig. 14.6. The Common-Carp

Critical Analysis of the Existing Regulations and Recommendations

Fig. 14.7. The Silver-Carp

Fig. 14.8. The Bighead-Carp

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Fig. 14.9. The Tilapia (Oreochromis sp).

Critical Analysis of the Existing Regulations and Recommendations

Fig. 14.10. The Thai-Magur (Clarias Garipinus)

Other Exotic Carps

Critical Analysis

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Keeping in view the above alarming issue, Government of India, in the Ministry of Agriculture has set up a National Committee for Introduction of Exotics and Quarantine with 5 members. The committee with the National Bureau for Fish Genetic Resources (NBFGR) as the nodal agency, will screen the potential threat of biodiversity and environmental concerns.

14.6 REGISTRATION/LICENSING OF FISHERMEN AND FISH FARMERS The active fishermen engaged in fishing should be registered, not only for the sake of maintenance of proper statistics of fishers but to prevent free entry of fishing efforts, illegal unauthorized fishing, under-employment of the available labor force and so on. Under the central sector scheme “Group accident insurance for fishermen” and “Saving-cum-relief for off season/closed season sustenance” majority of the fishers are covered but issue of registration number to fishers were lacking under these schemes. Recently, after the terrorist attack in Mumbai through the sea route, registration of marine fishers and issue of identity cards have become essential for security reasons. As such a new central sector scheme has been introduced namely: “Issuance of Biometric Identity Cards to Coastal Fisherman for National Security to check Illegal Immigration and Infringements of Foreigners”. What are required now are the registration/licensing of the fishers as a whole, covering both the fishermen and fish-farmers, dealing with the production and marketing of fish and fishery products, not only to ensure collection and maintenance of statistics but to regulate the production and marketing channels also.

14.7 RULES FOR REGISTRATION OF FISHING CRAFTS AND GEARS The statistics relating to the fishing efforts, in term of number of active fishers, fishing crafts and gears available variety-wise, are always erroneous and misleading, because no precise registration method exists. The statistics relating to the fishing efforts is very vital for: (a) Deployment of fishing efforts equitably throughout the coastline (b) Delimitation of fishing zones among the vessels (c) Control over the fishing crafts/gears for conservation purpose (d) Planning for the socio-economic thrift of the fishers (e) National economic planning and monitoring There are multiple agencies in India responsible for the registration of fishing crafts, namely: (a) The Marine and Mercantile Department (MMD) register vessels above 15 GRT under the Merchant Shipping Act-1958. (b) Few Port Trusts in India (i.e., in Maharashtra) registers vessels under the Harbor Craft Rules. (c) MPEDA was registering vessels with mechanized means of propulsion under the MPEDA Act 1972. (d) The State Fisheries Departments, especially of the maritime states are registering only mechanized vessels, under their Marine Fishing Regulation Acts.

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None of the existing systems of registration of fishing vessels are comprehensive to cover all the fishing vessels both mechanized and the non-mechanized with all the information’s regarding the specifications of the crafts and gears. Moreover, there are always wide fluctuations on the numbers of fishing crafts and gears, due to the facts that some boats go out of use, others continue with new engines, equipments and gears with change of ownership and place of operation. In order to ride over these anomalies, it is desirable that a single organization, preferably the central/ state fisheries department, should register all the fishing crafts: traditional, motorized and mechanized, operating in both the inland and marine sector, along with the gears and fishers engaged therein.

14.8 LICENSING OF FISH DEALERS/CONTRACTORS There is lot of disparity in the registration and licensing of all the individuals/organizations/ agencies dealing with the trade of fish and fishery products, for enforcement of various marketing regulations as well as to ensure collection of reliable fishery statistics, essential for proper planning and formulation of development measures. (a) In the inland sector licensing of contractors engaged for fishing and fish lifting is presently in practice in Uttar Pradesh and Madhya Pradesh in reservoir fisheries management under the bifurcated tender system. (b) The MPEDA is empowered to register mechanized fishing vessels, processing plants, storage premises, conveyances used for the transport of fishery products: fixing of standards and specifications for fishery products for the purposes of export: rendering of financial/other assistance to owners of fishing vessels engaged in off-shore and deep-sea fishing and owners of processing plants and acting as an agency for such relief and subsidy schemes as may been entrusted from time to time. (c) In West Bengal licensing of fish dealers was introduced during 1964, by declaring fish as an essential commodity. The licensing system continued for 5 years and was discontinued during 1969 due to operational problem. (d) For organizing a regulated fish market at Howrah, a Central Fisheries Corporation was organized by the Government of India during 1965. But unfortunately the price fixed by this corporation was not adopted in the market. Rather to avoid the notice of the enforcing officials, during auction the price above the fair price fixed by the authority was quoted. Therefore, till date there has been no specific organization/agency to register/keep the statistics of all the individuals/agencies/organizations involved as intermediaries in the entire marketing channel of fish and fishery products. Consequently, reliable statistics relating to market information’s in fishery sector is not available. Therefore it is suggested to authorize a single agency/organization to register all the market intermediaries involved in the fishery and aquaculture sector, undertaking various market functions of the fish and fishery products.

14.9 CRITICAL ANALYSIS AND RECOMMENDATIONS The complexity of factors and the scientific background involved in regulating fisheries, domestic and international, is often underestimated. Aquaculture and fishing, both deal with the hidden,

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mobile, migratory (few sedentary), renewable and sensitive living organisms, involving high element of risk and uncertainty. The capture fisheries in open water, a common property resource have its inherent problems, since these animals cannot be effectively barricaded in a specified area, with marked ownership. Therefore, the regulatory measures formulated for fisheries, need to be blended with other environmental protection measures like: (a) Limited access; (b) Leasing and auctioning; (c) Closed seasons; (d) Licensing of efforts; (e) Gear restrictions etc. The comprehensive regulatory frame-work for fishery and aquaculture encompasses crucial ecological, environmental, socio-economic matters, like the environmental conservation, public health, legal support, economic incentives, risk insurance, information dissemination and international co-operation by coordinating the production, marketing and management measures. Appropriate environment-friendly policies are the needs for prevention/reduction or elimination of hazards, with clear cut legal frame work on property rights, water-quality protection, disease spread, prevention of environmental degradation, bio-diversity conservation, etc. The National Policy on agriculture seeks to promote technically sound, economically viable, environmentally non-degrading social use of the country’s natural resources: land, water and genetic endowment, to promote sustainable development of agriculture, including fisheries and aquaculture. Fisheries (both in the culture and capture fronts) form an important sector in the rural economy, with regard to employment generation, livelihood earning option, malnutrition eradication, ensuring food security in rural India.

Suggestions for the Inland Fishery Legislation Potentially the vast and varied inland fisheries resources of India are one of the richest in the world, which contain both the fresh water and brackish water resources for development of culture as well as capture fisheries. The former includes the countries great river systems, an extensive network of irrigation canals, large numbers of irrigation reservoirs, flood-plains, derelict-swamps, Jheels and bheels, tanks and ponds, whereas: the latter includes the sprawling estuaries behind the mouths of the rivers, lagoons, back-waters, vast areas of mangrove swamps containing tidal water influx of varying salinity, along with numerous coastal impoundments. For the sustained growth of aquaculture and fisheries it is suggested that: 1. Ownership for various fishery waters should be clearly defined with definite management policy. 2. Uniform procedure should be adopted for survey, planning and settlement of all fishery waters. 3. Provision for priority of settlement of fishery waters in favor of people of small means/ cooperatives. 4. Poisoning, dynamiting, electrical fishing, use of fixed engines, pollution of water bodies should be banned.

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5. Quality control legislation for the fish and fisheries products in fish marketing is to be strictly followed. 6. Rationalization of land tenure system not to keep any fishery water lie fallow without production and strict control on conversion of water bodies for alternative land use as practiced in WB should be adopted. 7. There should be uniform fishery regulations throughout the state/country, depending upon the type of the resources. 8. All fishery regulations should be enforced by the fisheries department officials only, which is technically equipped for the purpose. 9. Closed season to allow every fish to breed and fish sanctuary to preserve the original germplasm and biodiversity has to be adopted with all sincerity. 10. Mesh size regulation, ban on immature fishing will ensure conservation with special provisions for research, sports fishery and religious waters.

Suggestions for the Marine Fishery Legislations In India, development of marine sector aims at employment generation, social security of fishers, food security and sea-food exports; with a focus on sustainability through empowerment of the traditional sector, enhancement of sea-safety, rational exploitation of untapped deep-sea resources etc. The marine fishing policy released by the Union Government seeks to achieve harmonized development of marine fisheries both in the territorial and extra territorial waters of our country through various measures suggested for different sub-sectors of marine fisheries for ensuring socioeconomic thrifts of the fishermen. Fisheries legislation in marine sector is essential for efficient management and fuller utilization, through rational exploitation of the resource, to achieve sustainable production. The following are the recommendations for responsible management:

A. In the Field of Conservation Conservation is defined as the aggregate of measures, designed to bring about the maximum sustainable yields (Gulland-1974). The following are the different means of conservation of the fisheries resources: 1. Regulation of the mesh size of various fishing gears 2. Restriction on the size and numbers of the gear units 3. Prohibition of destructive fishing gears and appliances as per types 4. Declaration of closed-season i.e. Prohibition of fishing in definite period 5. Declaration of sanctuary or areas closed for fishing 6. Specification of maximum size limits of the fish catch i.e. catch quota 7. Allocation of shares on catch, among nations fishing in the common ground 8. Restrictions on the size and types of fishing crafts 9. Delimitation of fishing grounds i.e. distribution of fishing areas among different sized fishing crafts (and fishing gears) based upon their propulsive efficiency

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10. Restriction on the fishing time per day per effort 11. Limitations on the fishing efforts based upon gear efficiency 12. Limitations on the numbers of fishing efforts for different areas/fishing base, depending upon the harvestable resources to avoid excessive fishing stress 13. Prescription of minimum catchable and marketable size for different species to protect immature fishes 14. Protection of broods by prohibition of capture of breeders.

B. In the Field of Production 1. Regulation for the control of aquatic pollution 2. Registration and licensing of the fishing crafts 3. Licensing of the fishermen 4. Regulation for maintenance of statistical data’s 5. Annual renewal of registration of vessels

C. In the Field of Processing/Preservation 1. Compulsory icing on board of the fishing vessels to ensure quality of the catch 2. Restrictions on the location, size and nos. of ice plants 3. Power for the in-plant inspection of processing plants to ensure quality control 4. Application of food laws for fresh/processed/preserved fishes and fishery products 5. Specification of ideal quality standards for the fish and the fishery products.

D. In the Field of Marketing/Distribution 1. Establishment of regulated fish markets 2. Prohibition for sale of sub-standard fish and fishery products 3. Fixation of minimum support price for the fishes to hold the price line 4. Regulations for hygienic fish handling and marketing 5. Setting up of cooperative marketing societies.

E. Miscellaneous 1. Linking of subsidy with the maintenance of statistics 2. Provision for compulsory safety devices in the fishing crafts 3. Provision for compulsory insurance of the fishing crafts, gears and fishermen 4. Amendment of merchant shipping act-1958 meant for larger vessels to suit to all categories of fishing vessels 5. Effective and responsive law enforcing machinery in the Fisheries Department.

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14.10 CHALLENGES FOR THE MARINE FISHERIES LEGISLATION The challenges for the exploitation and management of marine fisheries are: A. Legislations have improved but enforcement of these regulatory frameworks has remained limited due to lack of effective monitoring, control and surveillance (MCS). B. Marine fisheries policies are development-oriented, not based on the economic, social, biological and environmental sustainability. C. Conflicts and confrontations between and among the fisheries stakeholders remain pervasive. D. The number of small-scale vessels of the artisanal fishers is very high, with the potential role of small-scale fisheries in the poverty alleviation, management of artisanal fisheries remains difficult to develop and implement. E. The ability of the various countries is limited to gather data’s for stock assessment, as a result fisheries planning are at status-quo, even when the data’s suggest that many stocks are fully-exploited or over-exploited. F. Socio-economic data’s are infrequently collected, but the contribution of small-scale fisheries to human well-beings, food security and poverty alleviation is poorly taken into account, while formulating potential management measures. G. Relevant institutional arrangements for collecting information on trans-boundary/shared stocks are often missing or inadequate. H. Integration of stakeholders in the fisheries management process has increased but limited; leading to difficulties in managing the fishing capacity, especially within the small-scale sector. I. The multispecies nature of most fisheries world over has not been taken into consideration, while formulating potential management measures. J. The objectives for each fishery are not clearly defined and lacking priorities, which leads to inappropriate planning resulting in increased conflicts within the fisheries.

14.11 RECOMMENDATIONS The corrective actions/deterrent measures suggested for addressing the above challenges/threats issues may include: 1. A better control over growth in fishing fleet capacity; 2. The development of national plans to address capacity issues; 3. A greater harmony in the application of rules and regulations; 4. An effective enforcement machinery of fishery rules and regulations;

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5. The strengthening of the ecosystem approach to fisheries management; 6. Introduction of adaptive and cost-effective management strategies with well-defined, prioritized objectives, based on sound management structures; 7. The cost-effective data collection methods for biological, economic, environmental and social aspects of fisheries; 8. The development of fisheries management plans, with due consultation with the relevant stakeholders; 9. Greater involvement of stakeholders in the management through local participation and co-management schemes, by creation/strengthening of local organizations of fishers and other stakeholders in fisheries sector; 10. Active participation in the regional initiatives, like regional fishery bodies to assist in the control of fishing and the development of consistent measures for the shared and transboundary stocks.

Division–IV

LEGISLATIONS FOR THE FISHING VESSELS

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Regulations for the Safety of the Fishing Vessels

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15

Unit

LEGULATIONS

FOR THE

SAFETY OF THE FISHING VESSELS

15.1 PRELUDE Fishing, especially in the deep waters is always accompanied with high element of risk and uncertainty, sometimes even involving risk of life. It has been estimated by the Royal School of Economics, London that “among all the land based human activities mining is the most risky land job”, but ‘marine fishing has been estimated to be 4 times more risky than mining’. The extent of the Safety Problem in the Global Fishing Industry is as follows: • On an average 24,000 fatal deaths and 24 million non-fatal accidents happen annually in the fishing industry. In most of the cases the non-fatal injuries are grossly underreported according to ILO. • The fatality rate in the fishing industry is very high, estimated at 80 to 100 thousands per annum, which is 79 times higher than the overall annual occupational fatality rate over land. The community nature of the world’s fishing activity has potentially devastating impact of high injury and fatality rates on the fisher’s communities. (Statistics from ILO, IMO and FAO) As such, fishing is one of the most dangerous occupations in the world. According to the International Maritime Organization (IMO), 80% of the accidents on boats are caused by human error and most of these errors can at some point be attributed to management deficiencies that create the pre-conditions for the accidents. To address these issues, the following actions must be taken with all priority: 1. Personnel must be effectively managed to ensure that they have appropriate training and they work in accordance with the relevant labor laws and agreed conditions; 2. Procedures, methods and systems used on fishing vessels, must be well managed to ensure that they are effective and efficient and produce the desired outcomes;

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3. All vessel components (hull, machinery, equipments, fishing gear etc.) must be managed well to ensure that they are properly maintained and perform in accordance with their designed capacity. The solutions for improving the fishing vessel safety are thus straight forward: • Safety-oriented management • Well-trained and competent crews • Sea-worthiness of the fishing vessels At present, due to rapid development in science and technology vessel designs, deck machineries and navigational equipments have undergone revolutionary changes. Larger, powerful, fishing vessels equipped with highly sophisticated equipments are exploring the high seas. With the accelerated pace of technical development in the shipping industry, there are practically no oceanic areas inaccessible to the modern man by aid of the modern vessels and equipments. With the increase in the size and number of fishing fleets, the chances of accidents have become higher, especially in the areas of high congestion. In order to obviate these accidents, rules and regulations are in place to ensure safety and security of vessels and crews at sea.

15.2 FISHING VESSELS COMPARED TO COMMERCIAL VESSELS The commercial vessels load and discharge their cargo safely in the ports; their main function at sea being the transportation. But a fishing vessel differs from others in that it is used for multifaceted activities to locate, chase, catch, load (and sometimes unload), as well as process and preserve the catch at sea in variable weather conditions. As such, it is a very specialized vessel, being a work place for many crews for various activities on board, which is intended to perform all these well-defined tasks. The size, deck-layout, carrying-capacity, accommodation facilities, machineries and equipments on board, are all related to its overall functions and safety in carrying out its operations. The factors influencing the fishing vessel design are: • The species, location, abundance and dispersion of the fishery resources • Geographic and climatic characteristics of the fishing area • Sea-worthiness of the vessel and safety of the crews • Fishing gears and methods of handling, processing and stowage of the catch • Choice and availability of the construction materials • Availability of the boat-building and fishing skills • Regulations applicable to fishing vessel design, construction and equipments • Availability of finance and economic viability. Because of the variations of these factors in different locations, the diversity of fishing vessels designs is enormous globally, ranging from 2 meters long dug-out canoes to factory vessels over 130 meters OAL, with voyage durations ranging from a few hours to over a year.

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15.3 THE WORLD FISHING FLEET AND WORKFORCE As per the FAO statistics, the world fishing fleet numbered 4 million vessels approximately in 2002: about 1/3rd decked (above 10 m OAL) and the remaining 2/3rd un-decked (less than 10 m OAL) vessels, of which 65% were non-mechanized. It is estimated that Asia accounts for over 80% of the non-mechanized, un-decked vessels. The average size of the decked vessels is above 20 GRT (around 10–15 m OAL). Those larger than 100 GRT (or longer than 24 m OAL) amounted to only about 1% of the world fishing fleet. China has approximately 50% (25,600) of these larger vessels, while no other country has more than 10% of this fleet and about 10 countries together account for 80% of the total of these larger vessels. FAO statistics also tells that, employment in the primary capture fisheries and aquaculture sectors in 1998 was estimated to about 37 million, including full-time, part-time and occasional workers. About 60% of them, above 22 millions are employed in marine fisheries. About 2/3rd of these about 15 millions work onboard of fishing vessels of less than 12 m in length, both decked and un-decked. The world’s fishing fleet mostly comprises of small traditional boats operated by the artisanal fishers.

15.4 CLASSIFICATION OF VESSELS A vessel is constructed and maintained under the supervision of a particular classification society. The main purpose of classification is to ensure sea-worthiness of the vessel. A classification society is a non-governmental organization that establishes and maintains technical standards for the construction and operation of ships and offshore structures. The society will also validate that construction is in accordance to specific standards and carry out regular surveys in service, to ensure compliance with the standards. Classification societies set technical rules, confirm that designs and calculations meet these rules, survey ships and structures during the process of construction and commissioning, periodically survey vessels to ensure that they continue to meet the rules. This survey process covers diesel engines, important onboard pumps and other vital machineries. Classification surveyors inspect ships to make sure that the ship, its components and machineries are built and maintained according to the standards required for their class. The important classifying societies of various countries are: Name of Classification Society Nation

Abbreviation

Year

Head office

*IACS member?

Lloyd’s Register

U.K.

LR

1760

London

Yes

Bureau Veritas

France

BV

1828

Paris

Yes

Registro Italiano Navale

Italy

RINA

1861

Genoa

Yes

American Bureau of Shipping

USA

ABS

1862

Houston

Yes

Det Norske Veritas

Norway

DNV

1864

Oslo

Yes

Germanischer Lloyd

Germany

GL

1867

Hamburg

Yes

Nippon Kaiji Kyokai

Japan

NK

1899

Tokyo

Yes

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Maritime Register of Shipping

Russia

RS

1913

Saint Petersburg

Hellenic Register of Shipping

Greece

HR

1919

Piraeus

No

Polish Register of Shipping

Poland

PRS

1936

Gdansk

Yes

Croatian Register of Shipping

Croatia

CRS

1949

Split

Yes

Bulgarian Register of Shipping

Bulgaria

BRS

1950

Varna

No

Corpn. Register of Shipping

China

CR

1951

Taipei

No

China Classification Society

China

CCS

1956

Beijing

Yes

Korean Register of Shipping

Korea

KR

1960

Busan

Yes

Turk Loydu

Turkey

TL

1962

Istanbul

No

Vietnam Register, Vietnam

Vietnam

VR

1964

Hanoi

No

Biro Klasifikasi Indonesia

Indonesia

BKI

1964

Jakarta

No

Register of Shipping Albania

Albania

ARS

1970

Durres

No

Union Marine Classification Society

Comoros

UMCS

1970

Union of Comoros

No

Registro Internacional Naval

Partugal

RINAVE

1973

Lisbon

No

Indian Register of Shipping

India

IRS

1975

Mumbai

Yes

International Naval Surveys Bureau

Greece

INSB

1977

Piraeus

No

Asia Classification Society

Iran

ACS

1980

Tehran

No

Brazilian Register of Shipping

Brazil

RBNA

1982

Rio de Janeiro

No

Registro Cubano de Buques

Cuba

RCB

1982

La Habana

No

International Register of Shipping

Florida

IROS

1993

Miami

No

Ships Classification Malaysia

Malaysia

SCM

1994

Shah Alam

No

Isthmus Bureau of Shipping

Panama

IBS

1995

Panama

No

Guardian Bureau of Shipping

Syria

GBS

1996

Syria

No

Shipping Register of Ukraine

Ukraine

RU (ÐÓ)

1998

Kyiv

No

Dromon Bureau of Shipping

Cyprus.

DBS

2003

Limassol

No

Overseas Marine

Panama

OMCS

2004

Panama

No

Inter-maritime Certification Services

Panama

ICS Class

2005

Panama

No

Iranian Classification Society

Iran

ICS

2007

Tehran

No

VRS

2008

London

No

Venezuelan Register of Shipping Venezuela

Yes

* IACS – International Association of Classification Societies

However, the classification of ships/vessels is not compulsory but obligatory. The society supervises the construction and maintenance of the vessels, survey and recommends for its betterment. Very small vessels are not generally classified under a society but all sea-going large vessels are usually classified. Those vessels which are built to class under the supervision of a classification society are called as the classified vessels or classed vessel.

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15.5 EXISTING REGULATORY FRAMEWORKS IN INDIA FOR FISHING VESSELS 1. Statutory Regulations The fishing vessels are regulated with statutory regulations, like other sea-going vessels, the main objective of the regulations is to promote the safety of vessels and life at sea, apart from safe-guarding the national interest. The rules are covered under 3 acts: (a) Merchant Shipping Act (MSA), Act 49 of 1958 enacted under the Marine and Mercantile Department, Government of India, enacted by the Parliament in October 1958. (b) Harbor Craft Rules of 1908 enacted under the Ports Trust of India under the Shipping and Transport Department, Government of India. (c) Local act of the State Government concerned, applicable locally within the state jurisdiction.

2. Regulations for Fishing Vessels Under MSA-1958 There are at least 4 regulations to be adopted in a fishing vessel, the 1st relating to the manpower, the 2nd relating to traffic and the 3rd relating to the life saving and the 4th regarding the firefighting, as detailed below: (a) Manning Regulation for fishing vessels under section 76 (4) of the Indian Merchant Shipping Act-1958, specifying the minimum numbers and categories of the crews on board (b) Prevention of Collision at Sea Regulations – Traffic regulations as per the International Regulations for preventing collision at sea-1972 (c) LSA – Life Saving Appliances Rules 1976 – Specifying the minimum numbers and types of the life saving appliances on board (d) FFA – Fire Fighting Appliances Rules 1969 – Specifying the minimum numbers and types of the fire fighting appliances on board

3. Regulations for Cargo/Passenger Vessels The cargo/passenger vessels are regulated under 6 different regulations. In addition to the above 4 regulations, the other 2 rules applicable are load-line regulation and stability rules.

4. Regulations in other Countries Different countries have different regulations prescribed by the concerned government. However there is an international organization known as the Inter-Governmental Maritime Consultative Organization (IMCO) with head quarters at London, established during 1959. It recommends and coordinates to have uniform pattern of regulations globally. Large no’s of conventions are held to discuss different aspects of shipping and navigation. It has prepared a code of safety for fisherman and fishing vessels very comprehensively. Most of the regulations applied for large vessels are almost same in character.

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5. Indian Regulations In India, the regulations for larger vessels are covered by the Merchant Shipping Act (MSA) 49 of 1958. It is international in character and based upon the recommendations of the InterGovernmental Maritime Consultative Organization (IMCO). Vessels of 15 NRT (Net Registered Tonnage) and above or 25 GRT (Gross Registered Tonnage) and above; are registered under this act by the Marine and Mercantile Department (MMD). There are 461 sections in the law in 18 parts covering all the aspects of shipping.

15.6 SAFETY OF THE FISHING VESSELS AT SEA IN THE INTERNATIONAL PROSPECTIVE Safety of the fishing vessel with its crew is of paramount importance but unfortunately, there was no international instrument in force, concerning the safety of fishing vessels, even up to the 90s of the 20th century. International conventions and agreements concerning the safety of life at sea (SOLAS) are almost exclusively for all the vessels of 24 m OAL and above including the fishing vessels, which in terms of numbers, constitute only about 1% of the world’s fleet. Therefore, these do not apply to the traditional fishing vessels and the boats utilized in the allied fishing activities in the developing countries. Safety regulations for all the fishing vessels are left almost exclusively to the respective national discretion. In 1999, the International Maritime Organization (IMO) invited the Food and Agriculture Organization (FAO) and International Labor Organization (ILO) to cooperate in the revision of the Code of Safety for Fishermen and Fishing Vessels, for vessels of 24 m OAL and above, along with the Voluntary Guidelines for the Design, Construction and Equipments for the Small Fishing Vessels of 12m OAL and above, but less that 24 m OAL. The revised Code and the Voluntary Guidelines were approved by IMO during 2004. In March 2005, FAO welcomed the revised Code and Voluntary Guidelines. The Governing Body of ILO finally approved the revised texts later in the same year 2005.

15.7 FISHING VESSEL SAFETY CODE AND VOLUNTARY GUIDELINES The safety of fishing vessels was a matter of concern to IMO since its inception, but the differences in design/operation between fishing and other vessels have proved to be an obstacle for their inclusion in the Safety of Life at Sea (SOLAS-1974), Load Lines Conventions and Standards of Training, Certification and Watch-keeping for Seafarers (STCW-1978), intended for the larger vessels over 24m OAL. The fishing sector, which reportedly suffers around 24,000 human losses annually, was lacking the international mandatory safety regime, as provided by the 1993 Torremolinos Protocol for the Safety of Fishing Vessels and the International Convention on Training, Certification and Watch-keeping for Fishing Vessel Personnel (STCW-F)-1995. IMO is implementing technical co-operation program to provide information and assistance at the regional level, in order to promote acceptance of the above 2 instruments and the implementation of the Fishing Vessel Safety Code and Voluntary Guidelines. While the enforcement

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of the Torremolinos Protocol-1993 remains a prime goal, the Fishing Vessel Safety Code and Voluntary Guidelines provide useful recommendations to safeguard fishermen lives. IMO Member States are urged to accept the 1993 Torremolinos Protocol in order to bring these treaties into force to enhance fishing vessel safety and training standards of fishing personnel. IMO has developed, in collaboration with the FAO and ILO, apart from 2 main treaties, the Torremolinos Protocol (1993) and the Standards of Training, Certification and Watch-keeping for Fishing Vessel Personnel (STCW-F) Convention (1995), a number of non-mandatory instruments, like the FAO/ILO/IMO Document for Guidance on Fishermen’s Training and Certification and the revised Code of Safety for Fishermen and Fishing Vessels-2005 and the Voluntary Guidelines for the Design, Construction and Equipments of Small Fishing Vessels-2005. The revised Fishing Vessel Safety Code and Voluntary Guidelines originally developed in 1970s for use primarily by the competent authorities, training institutions, fishing vessel owners, fisher’s organizations and NGOs having definite role in fisher’s safety, health and training. The Code provides guidance for the development of national codes and fisher’s education and training manuals and guidance on the safety and health issues of the fishers. Competent authorities will be encouraged to make use of the contents of the Code and the Voluntary Guidelines in the production of safety, health and training materials in an appropriate format, to suit to the particular needs of the fishers of the country/region in local languages. As there are no international safety standards in place for these type of vessels and in many countries, national regulations, guidelines or standards for small fishing vessels are either nonexistent or inappropriate, the approved safety standards will complement the Code of Safety and the Voluntary Guidelines and will address the safety concerns, specific to the fishing vessels below 12 m OAL and un-decked fishing vessels of any size. It is anticipated that the standards will primarily be used by the relevant competent authorities to upgrade their national regulations. IMO has developed, in collaboration with the FAO and the ILO, a number of non-mandatory instruments. These include the FAO/ILO/IMO sponsored: 1. Code of Safety for Fishermen and Fishing Vessels, 1968–1974 2. Document for Guidance on Training and Certification of Fishing Vessel Personnel and the revised Code of Safety for Fishermen and Fishing Vessels, 2005, and 3. The Voluntary Guidelines for the Design, Construction and Equipment of Small Fishing Vessels, 2005.

15.8 INTERNATIONAL CONVENTIONS FOR LARGER VESSELS/SHIPS Safety of Life at Sea (SOLAS) – 1974 (Adoption: 1 November 1974; Entry into force: 25 May 1980) To ensure the seaworthiness of the vessels, there must be standards in place for their design, method of construction, materials, equipments and outfits, as well as standards for maintenance and inspection, in other words, a regulatory system designed to oversee the fundamentals of safe operation. These standards must be universally adopted, which requires some type of binding international agreement.

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International conventions and agreements concerning to the safety of life at sea are exclusively meant for the vessels of 24 m OAL and above. The fishing vessels of 24m OAL and above are also covered under SOLAS, though in terms of numbers, they constitute only about 1% of the world’s fishing fleet. Therefore, a brief account of SOLAS convention is discussed below for reference.

International Convention for the Safety of Life at Sea (SOLAS) – 1974 The SOLAS Convention in its successive forms is generally regarded as the most important of all the international treaties concerning to the safety of the ships. The 1st version was adopted in 1914, in response to the Titanic disaster, the 2nd in 1929, the 3rd in 1948 and the 4th in 1960. The 1974 version includes the tacit acceptance procedure, which provides that an amendment shall enter into force on a specified date unless, before that date, objections to the amendments are received from an agreed number of Parties. As a result the 1974 Convention has been updated and amended on numerous occasions. The Convention in force today is sometimes referred to as SOLAS, 1974, as amended.

Technical Provisions The main objective of the SOLAS Convention is to specify minimum standards for the construction, equipments and operation of ships, compatible with their safety. Flag States are responsible for ensuring that ships under their flag, comply with its requirements and a number of certificates are prescribed in the Convention as proof that this has been done. Control provisions also allow Contracting Governments to inspect ships of other Contracting States, if there are clear grounds for believing that the ship and its equipment do not substantially comply with the requirements of the Convention—this procedure is known as port State control. The current SOLAS Convention includes Articles setting out general obligations, amendment procedure and so on, followed by an Annex divided into 12 Chapters.

Chapter-I: General Provisions This chapter includes regulations concerning the survey of the various types of ships and the issuing of documents signifying that the ship meets the requirements of the Convention. The Chapter also includes provisions for the control of ships in ports of other Contracting Nations.

Chapter-II-1: Construction, Subdivision, Stability, Machinery and Electrical Installations The subdivision of passenger ships into watertight compartments must be such that after assumed damage to the ship’s hull, the vessel will remain afloat and stable. Requirements for watertight integrity and bilge pumping arrangements for passenger ships are laid down as well as stability requirements for both passenger and cargo ships. The degree of subdivision, measured by the maximum permissible distance between 2 adjacent bulkheads, varies with ship’s length and the service in which it is engaged. The highest degree of subdivision applies to passenger ships.

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Requirements covering machinery and electrical installations are designed to ensure that services which are essential for the safety of the ship, passengers and crews are maintained under various emergency conditions. Goal-based standards for oil tankers and bulk carriers were adopted in 2010, requiring new ships to be designed and constructed for a specified designed life and to be safe and environment friendly, is intact in specified damage conditions, throughout their life. Under the regulation, ships should have adequate strength, integrity and stability to minimize the risk of loss of the ship or pollution to the marine environment due to the structural failure, including collapse, resulting in flooding or loss of watertight integrity.

Chapter-II-2: Fire Protection, Fire Detection and Fire Extinction This chapter includes detailed fire safety provisions for all ships and specific measures for passenger ships, cargo ships and tankers. They include the following principles: division of the ship into main and vertical zones by thermal and structural boundaries; separation of accommodation spaces from the remainder of the ship by thermal and structural boundaries; restricted use of combustible materials; detection of any fire in the zone of origin; containment and extinction of any fire in the space of origin; protection of the means of escape or of access for fire-fighting purposes; ready availability of fire-extinguishing appliances; minimization of the possibility of ignition of inflammable cargo vapor.

Chapter-III: Life-saving Appliances and Arrangements The Chapter includes requirements for life-saving appliances and arrangements, including requirements for life boats, rescue boats and life jackets according to the type of ship. The International Life-Saving Appliance (LSA) Code gives specific technical requirements for LSAs and is mandatory under Regulation 34, which states that all life-saving appliances and arrangements shall comply with the applicable requirements of the LSA Code.

Chapter-IV: Radio-communications The Chapter incorporates the Global Maritime Distress and Safety System (GMDSS). All passenger ships and all cargo ships of 300 GRT and above on international voyages are required to carry equipments designed to improve the chances of rescue following an accident, including satellite emergency position indicating radio beacons (EPIRBs) and search and rescue transponders (SARTs) for the location of the ship or survival craft. Regulations in Chapter IV cover undertakings by contracting nations to provide radiocommunication services and the ship’s requirements for the carriage of radio-communications equipment. The Chapter is closely linked to the Radio Regulations of the International Telecommunication Union.

Chapter-V: Safety of Navigation Chapter V identifies certain navigation safety services, which should be provided by the Contracting Nations and sets forth provisions of an operational nature applicable in general to

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all ships on all voyages. This is in contrast to the Convention as a whole, which only applies to certain classes of ship engaged on international voyages. The subjects covered include the maintenance of meteorological services for ships; the ice patrol service; routing of ships and the maintenance of search and rescue services. This Chapter also includes a general obligation for masters to proceed to the assistance of those in distresses and for Contracting Nations to ensure that all ships shall be sufficiently and efficiently manned from the safety point of view. The chapter makes mandatory the carriage of voyage data recorders (VDRs) and automatic ship identification systems (AIS).

Chapter-VI: Carriage of Cargoes The Chapter covers all types of cargo (except liquids and gases in bulk) which, owing to their particular hazards to ships or persons on board, may require special precautions. The regulations include requirements for stowage and securing of cargo or cargo unit containers. The Chapter requires cargo ships carrying grain to comply with the International Grain Code.

Chapter-VII: Carriage of Dangerous Goods The chapter specifies carriage of dangerous goods to be in compliance with the relevant provisions of the International Maritime Dangerous Goods Code (IMDG Code). The regulations are contained in several parts: Part A—Carriage of dangerous goods in packaged form, includes provisions for the classification, packing, marking, labeling, documentation and stowage of dangerous goods. Contracting Nations are required to issue instructions at the national level and the Chapter makes mandatory the International Maritime Dangerous Goods (IMDG) Code, developed by IMO, which is constantly updated to accommodate new dangerous goods and to supplement or revise existing provisions. Part A-1—Carriage of dangerous goods in solid-form in bulk, covers the documentation, stowage and segregation requirements for these goods and requires reporting of incidents involving such goods. Part B—It covers Construction and equipment of ships carrying dangerous liquid chemicals in bulk and requires chemical tankers to comply with the International Bulk Chemical (IBC) Code. Part C—It covers Construction and equipment of ships, carrying liquefied gases in bulk and gas carriers to comply with the requirements of the International Gas Carrier (IGC) Code. Part D—It includes special requirements for the carriage of packaged, irradiated, nuclear fuel, plutonium and high-level radio-active wastes on board of ships and requires ships carrying such products to comply with the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board of Ships, i.e. International Nuclear Fuel (INF) Code.

Chapter-VIII: Nuclear Ships Gives basic requirements for the nuclear-powered ships and is particularly concerned with radiation hazards. It refers to detailed and comprehensive Code of Safety for Nuclear Merchant Ships which was adopted by the IMO in 1981.

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Chapter-IX: Management for the Safe Operation of Ships The Chapter makes mandatory the International Safety Management Code (ISM Code), which requires a safety management system to be established by the ship-owner or any person/ organization who has assumed responsibility for the ship (the Company).

Chapter-X: Safety Measures for High-speed Craft The Chapter makes mandatory the International Code of Safety for High-Speed Craft (HSC Code).

Chapter-XI-1: Special Measures to Enhance Maritime Safety The Chapter clarifies requirements relating to authorization of recognized organizations (responsible for carrying out surveys and inspections on Administrations’ behalves); enhanced surveys; ship identification number scheme and port State control on operational requirements.

Chapter-XI-2: Special Measures to Enhance Maritime Security (a) Regulation XI-2/3 of the chapter enshrines the International Ship and Port Facilities Security (ISPS) Code. Part A of the Code is mandatory and part B contains guidance as to how best to comply with the mandatory requirements. (b) Regulation XI-2/5 requires all ships to be provided with a ship security alert system. (c) Regulation XI-2/6 covers requirements for port facilities, providing among other things for Contracting Nations to ensure that port facility security assessments are carried out and that port facility security plans are developed, implemented and reviewed in accordance with the ISPS Code. (d) Regulation XI-2/8 confirms the role of the Master in exercising his professional judgments over decisions necessary to maintain the security of the ship. He shall not be constrained by the Company/charterer/any other person in this respect. Other regulations in this chapter cover the provision of information to IMO, the control of ships in port, (including measures such as the delay, detention and restriction of operations, including movement within the port or expulsion of a ship from port) and the specific responsibility of the Companies.

Chapter-XII: Additional Safety measures for Bulk-carriers The Chapter includes structural requirements for the additional safety measures for the bulk carriers over 150 meters in length.

15.9 STANDARDS OF TRAINING, CERTIFICATION AND WATCH-KEEPING FOR SEAFARERS (STCW-1978) (Adoption: 7 July, 1978; Entry into force: 28 April, 1984; Amended in 1995 and 2010) The STCW-1978 Convention was the 1st to establish basic requirements on training, certification and watch-keeping for seafarers on an international level. Previously the standards

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of training, certification and watch-keeping of officers and ratings were established by individual nations’, usually without reference to the practices in other countries. As a result, standards and procedures varied widely, even though shipping is the most international activity of all the industries. The Convention prescribes minimum standards relating to the training, certification and watch-keeping for the seafarers which countries are obliged to meet. The 1995 amendments, adopted by a Conference, represented a major revision of the Convention, in response to a recognized need to bring the Convention up to date and to respond to critics, who pointed out many vague phrases, such as ‘to the satisfaction of the Administration’, which resulted in different interpretations being made. The 1995 amendments entered into force on 1 February 1997. One of the major features of the revision was the division of the technical annex into regulations, divided into Chapters as before and a new STCW Code, to which many technical regulations were transferred. Part-A of the Code is mandatory while Part-B is voluntary. Dividing the regulations up in this way, makes administration easier and it also makes the task of revising and updating them simpler: for procedural and legal reasons there is no need to call a full conference to make changes to the Codes. Another major change was the requirement for Parties to the Convention, who are required to provide detailed information to IMO concerning administrative measures taken. This represented for the first time that IMO had been called upon to act in relation to compliance and implementation; generally, implementation is down to the flag States, while port State control also acts to ensure compliance. Under Chapter-I, regulation I/7 of the revised Convention, Parties are required to provide detailed information to IMO concerning administrative measures taken to ensure compliance with the Convention, education and training courses, certification procedures and other factors relevant to implementation. The information is reviewed by the panels of competent persons, nominated by the Parties to the STCW Convention, who report on their findings to the Secretary-General, IMO, who in turn, reports to the Maritime Safety Committee (MSC) on the Parties which fully comply. The MSC then produces a list of confirmed Parties in compliance with the STCW Convention.

The STCW Code The regulations contained in the Convention are supported by sections in the STCW Code. Generally speaking, the Convention contains the basic requirements, which are then enlarged upon and explained in the Code. Part-A of the Code is mandatory. The minimum standards of competence required for the sea-going personnel are given in detail in a series of tables. Part-B of the Code contains recommended guidance, which is intended to help the nations implement the Convention. The measures suggested are not mandatory and the examples given are only intended to illustrate how certain Convention requirements may be complied with. However, the recommendations in general, represent an approach that has been harmonized by the discussions within IMO and consultation with other international organizations. The Manila amendments to the STCW Convention and Code-2010 were adopted on 25 June 2010, marking a major revision of the STCW Code. The 2010 amendments entered into force on

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1 January, 2012, under the tacit acceptance procedure and are aimed at bringing the Convention and Code up to date with developments, since they were initially adopted and to enable them to address issues that are anticipated to emerge in the foreseeable future. Amongst the amendments adopted, there are a number of important changes to each chapter of the Convention and Code, including: • Improved measures to prevent fraudulent practices associated with certificates of competency and strengthen the evaluation process; • Revised requirements on hours of work and rest and new requirements for the prevention of drug and alcohol abuse, as well as updated standards relating to medical fitness standards for the seafarers; • New certification requirements for able seafarers; • New requirements relating to training in modern technology, such as electronic charts and information systems; • New requirements for marine environment awareness training and training in leadership and teamwork; • New training and certification requirements for electro-technical officers; • Updating of competence requirements for personnel, serving on board of all types of tankers, including new requirements for personnel serving on liquefied gas tankers; • New requirements for security training, as well as provisions to ensure that seafarers are properly trained to cope, if their ship comes under attack by pirates; • Introduction of modern training methodology, including distance learning and web-based learning; • New training guidance for personnel serving on ships operating in the polar waters; • New training guidance for personnel operating Dynamic Positioning Systems (DPS).

15.10 INTERNATIONAL CONVENTIONS FOR SMALLER FISHING VESSELS The safety of fishing vessels has been a matter of concern for the IMO since it came into existence. In 1977, the first international conference on the safety of fishing vessels was held in Torremolinos, Spain. The conference adopted a safety regime for fishing vessels of more than 24 m OAL. The convention looked at the construction standards and safety-related equipments for fishing vessels in a similar way to that of the SOLAS Convention for cargo and passenger vessels. However, it was considered too stringent by the major fishing nations and as such, was never ratified. Subsequently the Torremolinos Protocol, 1993 provided the necessary framework, for the standards for the fishing vessels, for the crew, their training, qualifications and methods of work. The protocol updated and amended the 1977 convention, taking into account the technological advances and the need to take a pragmatic approach to encourage ratification of the instrument. The safety provisions of the protocol cover construction, stability, machinery, fire-protection, protection of the crews, life-saving equipments, emergency procedures, radio-communication, navigation equipments, vessel certification and port state control.

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In an effort to take into account local specificities, some protocol articles allow national administrations to apply the provisions of the protocol to certain classes of vessels (e.g. vessels less than 24 m in length) or to amend some provisions to match the local conditions (e.g. weather conditions and operational features of fishing fleets). The development of regional standards is also encouraged by the IMO, if they are seen as necessary and practical. Such regional standards may even be developed, in consultation with the IMO, without awaiting the entry into force of the protocol. Once adopted, the Protocol will impose a number of obligations on the national administrations to ensure their vessels comply with its requirements. In addition to the conventional enforcement measures (surveys and certification), regular reporting of information (text of laws, reports on casualties and accidents involving fishing vessels) to IMO will be required. Administrations will also need to certify each vessel for the purpose of port state control. Thus the 1977 Convention, adopted at a conference held in Torremolinos, Spain, was the first-ever international Convention on the safety of fishing vessels. The Torremolinos International Convention for the Safety of Fishing Vessels was adopted with effect from 2 April, 1977; superseded by the 1993 Torremolinos Protocol; followed by the Cape Town Agreement of 2012 on the Implementation of the Provisions of the 1993 Protocol.

15.11 INTERNATIONAL CONVENTION FOR THE SAFETY OF FISHING VESSELS-1977 While other vessels load their cargo in the ports/harbors, fishing vessels sail empty and load their cargo at sea. • The 1977 Convention contained safety requirements for the construction and equipments of new, decked, seagoing fishing vessels of 24 meters OAL and over, including those vessels processing their catch. • Existing vessels were covered only in respect of radio requirements. • In the 1980s, it became clear that the 1977 Torremolinos Convention was unlikely to enter into force, largely for technical reasons and IMO decided to prepare a replacement in the form of a Protocol.

Torremolinos Protocol-1993 The 1993 Torremolinos Protocol was adopted in April 1993 and within one year 15 States with at least an aggregate fleet of 14,000 vessels of 24 meters OAL and above ratified the Protocol. (a) The Protocol updated, amended and absorbed the parent 1977 Convention, taking into account technological evolution in the intervening years and the need to take a pragmatic approach to encourage ratification of the instrument. (b) The Protocol applies to the fishing vessels of 24 meters OAL and over including those vessels processing their catch. (c) The general trend in modern designed fishing vessels, if they are to be economically profitable, must include improvements in the machineries and fishing gear, improvements in the safety features as a whole and better working conditions for the crew fishers.

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(d) The safety provisions addressed by the Protocol, incorporating and amending the 1977 Convention, are included in an Annex consisting of 10 Chapters. The provisions included automatically controlled machinery spaces, improved life-saving appliances, immersion suits and thermal protective aids, satellite communication systems and other components of the global maritime distress and safety system. As the 1993 Protocol was still not in force in many nations even in the 2000s, IMO began reviewing the options available to tackle the lack of sufficient ratifications to the 1993 Torremolinos Protocol, in order to bring this important treaty on fishing vessel safety into force. In 2012, a new agreement was adopted, known as the Cape Town Agreement of 2012, on the Implementation of the Provisions of 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977.

15.12 THE CAPE TOWN AGREEMENT OF 2012 A diplomatic conference held from 9 to 11 October in Cape Town, South Africa adopted the Cape Town Agreement of 2012, on the Implementation of the Provisions of the 1993 Torremolinos Protocol relating to the International Convention for the Safety of Fishing Vessels, 1977. In ratifying the agreement, Parties agreed to the amendments to the provisions of the 1993 Protocol, so that they can come into force as soon as possible. The Cape Town Agreement of 2012 entered into force 12 months after the date on which not less than 22 States the aggregate number of whose fishing vessels of 24 m OAL and over operating on the high seas is not less than 3,600 have expressed their consent to be bound by it. The Cape Town Agreement of 2012 updated and amended a number of provisions of the Torremolinos Protocol, including the following: 1. Unless expressly provided otherwise, the provisions apply to the new vessels. 2. With regards to the implementation of certain provisions, contracting nations may, in accordance with a plan, progressively implement the provisions of chapter IX (Radiocommunications) over a period of 10 years; and 3. The provisions of chapters VII (Life-saving appliances and arrangements), VIII (Emergency procedures, musters and drills) and X (Ship borne navigational equipment and arrangements) over a period of not more than 5 years.

Exemptions The Cape Town Agreement of 2012 allows for the nations to exempt any vessel entitled to fly its flag from any of the requirements of this annex, if it considers that the application is unreasonable and impracticable in view of the type of vessel, the weather conditions and the absence of general navigational hazards, provided that: (a) The vessel complies with safety requirements which, in the opinion of that nation, are adequate for the service for which it is intended and are such as to ensure the overall safety of the vessel and crews on board;

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(b) The vessel is operating solely in: (i) A common fishing zone established in adjoining marine areas under the jurisdiction of the neighboring States, which have established that zone, in respect of vessels entitled to fly their flags, only to the extent and under the conditions that those States agree with the international law, to establish in this regard; or (ii) The EEZ of the State of the flag it is entitled to fly, or, (iii) If that State has not established such a zone, in an area beyond and adjacent to the territorial sea of that State, determined by that State in accordance with the international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured; or (iv) The EEZ, or a marine area under the jurisdiction of another State, or (v) A common fishing zone, in accordance with an agreement between the States concerned in accordance with international law, only to the extent and under the conditions that those States agree to establish in this regard; and (c) The Administration notifies the Secretary-General of the terms and conditions on which the exemption is granted under this paragraph.

Certificates The International Fishing Vessel Safety Certificate is amended to state; it is issued under the provisions of the Cape Town Agreement of 2012, on the Implementation of the Provisions of the Torremolinos Protocol of 1993, relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977.

Resolutions Adopted The conference adopted the following resolutions: 1. Early implementation of the Agreement: Urges States to become a Party to the Agreement as soon as possible to facilitate its early entry into force and cooperate with each other to achieve this end; and invites States to initiate action in accordance with the Agreement without awaiting its entry into force. 2. Avoidance of a situation in which two conflicting treaty regimes are operational: Declares that, for the purposes of introducing international regulations for the safety of fishing vessels, the Agreement replaces and supersedes the 1993 Torremolinos Protocol and therefore: States should not ratify or otherwise express their consent to be bound by the 1993 Torremolinos Protocol and should instead become a Party to the Agreement and States which have already expressed their consent to be bound by the 1993 Torremolinos Protocol should take appropriate steps to signify their consent to be bound by the Agreement. 3. Promotion of technical co-operation and provision of technical assistance: Urges the States to provide, or arrange to provide, in cooperation with the Organization, assistance to those States which have difficulty in meeting the requirements of the Agreement and

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which request such assistance; and requests the Organization to intensify its efforts to provide the States with the assistance they may need in the implementation of the Agreement and to make adequate provision for that purpose within its Integrated Technical Cooperation Program. 4. Preparation of a consolidated text: Requests the Secretary-General of IMO to prepare a consolidated text based on the Agreement; the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977; in Arabic, Chinese, English, French, Russian and Spanish, for submission to the Maritime Safety Committee (MSC) for approval and then distribute the certified copies. 5. Procedure for calculating the number of fishing vessels of each Contracting State by the Depositary: Requests the Maritime Safety Committee (MSC) to develop a procedure for calculating the number of fishing vessels of each Contracting State by the Depositary at the earliest opportunity, but not later than 1 January 2014.

15.13 STANDARDS OF TRAINING, CERTIFICATION AND WATCH-KEEPING FOR FISHING VESSEL PERSONNEL (STCW-F) CONVENTION - 1995: The STCW-F Convention, which was adopted by IMO in 1995, contains requirements concerning the skippers and watch-keepers on vessels of 24 m in length and over, chief engineers and engineering officers on vessels of 750 kW propulsion power or more, and personnel in charge of radio communications. Chapter III of the Annex to the Convention contains the requirements for the basic safety training for the fishing vessel personnels. Because fishing is a global industry that operates in open seas and interacts with other maritime industries, it is also important that common crew training standards are used, particularly when it comes to their qualification and certification. Those standards must be universally adopted and recognized. This is the purpose of the Convention on Standards of Training, Certification and Watch-keeping for Fishing Vessel Personnel, 1995 (STCW-F Convention). The International Convention on the Standards of Training, Certification and Watch-keeping for Fishing Vessel Personnel (STCW-F, 1995) complements the Torremolinos Protocol by setting the regulatory framework for the training and certification of fishing vessel personnels. STCW-F is the sister convention to the 1978 STCW Convention, as amended in 1995, with similar provisions. The convention is the first attempt to make safety standards for the crews of the fishing vessels mandatory internationally. The STCW-F Convention addresses training and certification standards for the skippers and watch-keepers on fishing vessels of more than 24 m OAL, for engineers on fishing vessels of more than 750 KW and for crews in charge of radio-communication. Importantly, it also requires basic (pre-sea) safety training for all the fishing vessel personnels. The convention embraces the concept of competency-based training but does not deal with manning levels. While the convention specifically relates to large fishing vessels, the IMO encourages different nations to address the training and certification standards for crews of smaller vessels through relevant domestic laws.

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As with other IMO instruments, collaboration between countries, and with IMO, will be possible to facilitate the implementation of the convention and to help maritime nations meet their obligations. For instance, the convention allows cross-recognition of certificates and training of fishing vessel personnels on a regional basis.

15.14 CODE OF SAFETY FOR FISHERMEN AND FISHING VESSELS, 1968-1974 The three organizations of the United Nations, ILO, IMO and FAO have jointly prepared a Code of safety for fishermen and fishing vessels. Part A, “Safety and health practices for skippers and crews” was adopted in 1968, is an educational tool dealing with the fundamentals of safety and health. Part B, “Safety and health requirements for the construction and equipments of fishing vessels,” adopted in 1974, is intended to serve as a guide to those concerned with framing national regulations. Its application is limited to the fishing vessels of 24 m OAL and over, excluding recreational fishing vessels and processing vessels.

15.15 VOLUNTARY GUIDELINES FOR THE DESIGN, CONSTRUCTION AND EQUIPMENTS OF SMALL FISHING VESSELS (FAO/ILO/IMO)-1980 Since neither the 1977 Torremolinos Convention nor the Part B of the Code for Safety is applicable to fishing vessels under 24 m in length and recognizing that the great majority of fishing vessels are smaller than this, voluntary guidelines were prepared in 1980 by the FAO, IMO and ILO covering the design, construction and equipment of fishing boats of 12 m and 24 m in length, based on the points outlined in the safety codes. As with the Code for Safety, these guidelines are not intended as a substitute for the national laws, but to serve as a guide to those concerned with framing national laws and regulations. Two publications (FAO/ILO/IMO Code of Safety for Fishermen and Fishing Vessels and FAO/ ILO/IMO Voluntary Guidelines for the Design, Construction and Equipment of Small Fishing Vessels) are being revised by the IMO Subcommittee on Stability, Load Lines and Fishing Vessels through a correspondence group led by Iceland. FAO has actively participated in the process.

15.16 DOCUMENT FOR GUIDANCE ON TRAINING AND CERTIFICATION OF FISHING VESSEL PERSONNEL: (FAO/ILO/IMO)-1985 The Document for Guidance on the Training and Certification of Fishing Vessel Personnel was first published in 1985 and then thoroughly revised in 2001. The document combines the conventions and recommendations adopted by the ILO and IMO with the wide practical experience of the FAO of the UN in the field of training for fishermen. The document is aligned with the provisions of the STCW-F Convention and provides a guideline to establish a framework for training of fishing vessel personnel appropriate to the size and nature of the fishery (all sizes of fishing vessels are covered). It addresses issues such as methods of training and assessment (competency-based training is promoted), contents and duration of training programs, competences to be assessed and tutor experience and qualifications. There is a strong emphasis on the sustainability (FAO Code of Conduct), fatigue management and the active involvement of all parties during the development of training programs.

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16

Unit

REGULATIONS

MANNING FISHING VESSELS

FOR THE OF

16.1 PRELUDE A vessel cannot run on fuel, lubricant, air, water and sophisticated equipments only. This has to be operated by sufficient numbers of adequately trained, qualified and experienced crews, so that the vessel can function safely and accomplish the designed tasks smoothly and efficiently. Thus, manpower (crews) is the single most important factor on the vessels, not only responsible for various activities to be accomplished on board but to ensure the safety of the vessels along with the lives at sea also. Therefore top-most priority should be focused to equip every vessel with optimum manpower, apart from machineries and equipments. The safety of fishing vessels has been a matter of concern to International Maritime Organization (IMO), since its inception, but the differences in design and operation between the fishing vessels and other commercial vessels have been an obstacle for their inclusion under the SOLAS (safety of life at sea) and Load-Lines/Stability Conventions. The fact remains that the fishing sector, which reportedly suffers around 24,000 human losses annually, was lacking the international mandatory safety regime, which was provided by the Torremolinos Protocol-1993, for the Safety of the Fishing Vessels and the International Convention on Training, Certification and Watch-keeping for Fishing Vessel Personnels-1995, when both the instruments had come into force. In addition to this, each country makes its own rules for the manning requirements, certification and examination of different grades, safety equipments and registration of vessels. Moreover, fishing expertise of the nation, sea conditions, climatic features, targeted fish species and such other factors influence the manning requirements.

16.2 MANNING OF FISHING VESSELS Crews required for the fishing vessels and their certifications are covered under section 76 (4) of the Indian Merchant Shipping Act 1958. Only 6 categories of crews are covered under this

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regulation, out of which the first 5 categories require certificate of proficiency: general/restricted/ inland/maritime, certified by the Marine and Mercantile Department (MMD). The technical manpower to be deployed in the fishing vessels are: 1. Skipper of the fishing vessel 2. Second hand (mate) of the fishing vessel 3. Engineer of the fishing vessel 4. Engine driver of the fishing vessel 5. Radio Telephone-Operator 6. Other crews such as Cooks, Tindol, Lasker, Khalasi, Deckhands of the fishing vessel require no certificate of proficiency.

16.2 MANNING REGULATIONS FOR FISHING VESSEL As per the Indian Merchant Shipping Act 1958, every fishing vessel when going to sea from any port of place in India shall be provided with the deck-side and engine-side officers as given below: Gross Tonnage of the Vessel (GRT)

Deck side officers Certificated Skippers

Certificated Second hands

25 to 50

one

-

Above 50

one

one

Engine side officers Certificated Engineer / Engine Driver of Fishing Vessel Less than 50 GRT (282 B. H. P.)

one

Above 50 GRT (282 B. H. P.)

one

As per rule, every sea going Indian fishing vessel from any port or place in India, depending upon its OAL and the propulsive efficiency, has to be provided with the certified crews as per the details furnished below:

Based upon the Over-all-length (OAL) 1. If the vessel is of 24 m OAL or more and is operating beyond the contiguous zone, a certified skipper grade-I and a certified mate of fishing vessel are required; 2. If the vessel is of 24 m OAL or more and is operating within the contiguous zone, a certified skipper grade-II and a certified mate of a fishing vessel are essential; 3. If the vessel is of less than 24 m OAL and is operating beyond the contiguous zone, a certified skipper grade-II and a certified mate of a fishing vessel are recommended; 4. If the vessel is less than 24 m OAL and is operating within the contiguous zone, a certified skipper grade-II has to be provided;

Based upon the Propulsion Power (KW) 1. If the vessel has a propulsion power of 750 KW or more, at least one engineer of a fishing vessel who shall be designated as chief engineer and one engine driver of a fishing vessel are essential;

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2. If the vessel has a propulsion power of 350 KW or more, but less than 750 KW, at least one engineer of a fishing vessel who shall be designated as chief engineer is provided. 3. If the vessel has a propulsion power of less than 350 KW, at least one engine driver of a fishing vessel, who shall be designated as engineer-in-charge, is placed.

Based upon the Gross Registered Tonnage (GRT) 1. If the vessel is above 15 NRT/25 GRT but below 50 GRT, it requires a certified Skipper 2. If the vessel is more than 50 GRT, 1 certified Skipper and 1 certified Second Hand are required

Based upon the Net Horse Power of the Engine (NHP) 1. If the vessel possess an engine of 50 NHP or more 1 certified engineer is required 2. If the vessel is less than 50 NHP either a Certified Engineer or a Engine Driver of a fishing vessel is required

For Vessels Fitted with Radio-telephone 1. All the vessels fitted with radio-telephone equipment, should have a certified RadioTelephone-Operator having certificate of proficiency: general/restricted/inland/maritime.

16.3 RECOMMENDATIONS At present in India, different sizes of vessels are engaged in commercial fishing and fishery related allied activities, to carry out different functions such as: (i) Exploratory/Experimental fishing (ii) Training/Research/Survey works at sea (iii) Commercial fishing According to the International rules, all mechanized vessels engaged in fishing are covered under the rules. As per the Merchant Shipping Act 1958 ‘Fishing vessel’ means a ship fitted with mechanical means of propulsion, which is exclusively engaged in sea fishing for profit. This indirectly means that only the 3rd category of vessels alone are fully covered by the existing manning and safety regulations prescribed in the Merchant Shipping Act under the head ‘Fishing vessels’. In view of the increasing number of vessels joining the fishing fleet of the country, it would be appropriate, if separate rules are framed for fishing vessels covering all the above aspects, in order to have a uniform and streamlined procedure. Various categories of vessels as per their functions can be brought under a separate chapter in the existing Merchant Shipping Act.

Fig. 16.1. The Navigator’s Compass

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17

Unit

REGULATIONS

PREVENTION COLLISIONS AT SEA

FOR THE OF

17.1 PRELUDE Cruising of a vessel in the high seas has to abide certain rules to avoid collisions, which is called as the international regulations for preventing collisions at sea or the rules of the road. These are regulations to prevent collisions of vessels/ships in the sea, like the traffic regulations on land for automobiles and in air for the air-crafts. These regulations are international in character accepted by all nations, except few modifications prescribed by few countries to be followed by vessels of their country to suit to the local conditions. The International Regulations for Preventing Collisions at Sea-1972 (COLREGs) are published by the IMO and set out, among other things, the 'rules of the road' or navigation rules to be followed by the ships and other vessels at sea, in order to prevent collisions. The COLREGs are derived from a multilateral treaty called as the Convention on the International Regulations for Preventing Collisions at Sea. Although rules for navigating inland vessels may differ, the international rules specify that they should be as closely in line with the international rules as possible. The international regulations for preventing collision at sea were revised and redrafted by the Inter-governmental Maritime Consultative Organization (lMCO) and approved to come into force during 1977 and majority of the countries in the world are following the same.

17.2 INTERNATIONAL REGULATIONS FOR PREVENTION OF COLLISION The international regulations came into force with effect from 01.01.1977, prescribed by the International Maritime Consultative Organization (IMCO). The rules were framed and approved during 1972, by the Convention on the International Regulations for Preventing Collisions at Sea. Government of India has also adopted the regulation prescribed by the IMCO. According to these rules, there are 38 rules under 5 parts, after revision (formerly there were 31 rules under 6 parts before revision): 252

Regulations for the Prevention of Collisions at Sea Relevant rules

253

S.No.

Part

Subjects concerned

1.

Part -A

Rules 1, 2 and 3

Deals with the general aspects

2.

Part -B

Rules 4 to 9

Deals with steering and sailing rules

3.

Part -C

Rules 20 to 31

Deals with the lights and shapes

4.

Part -D

Rules 32 to 37

Deals with the sound and light signals

5.

Part -E

Rule 38

Deals with the exemptions

17.3 REGULATIONS TO PREVENT COLLISION AT SEA The International Regulation for preventing collision at sea-1972 is followed by the Indian vessels. Under these regulations, a fishing vessel is defined as 'a vessel engaged in fishing i.e. all types of fishing except trolling'. The vessels engaged in fishing shall display the appropriate lights, shapes, flags and use the prescribed sound signals. Engaged in fishing means: 'fishing with nets, lines, trawls or other apparatus that restrict maneuverability but does not include troll-lines or other apparatus that does not restrict maneuverability'. The code and conduct of vessel engaged in fishing are: 1. As per the new collision regulation sailing and power-driven vessels under way shall keep out of the way of vessels engaged in fishing. 2. Vessel engaged in fishing shall:(i) Not impede the safe passage of any vessel navigating within a narrow channel or fairway and any vessel following a traffic lane under the traffic regulation scheme. (ii) As far as practicable, keep out of the way of a vessel not under command, a vessel restricted in her ability to maneuver and avoid impeding the safe passage of a vessel constrained by her draught. (iii) Keep out of the way of the vessel overtaken. In general, the lights during night and shapes during day are exhibited in the fishing vessels at sea to indicate whether it is fishing or not, whether it is under command or not and the like: to be observed by other vessels passing nearby.

17.4 LIGHTS TO BE EXHIBITED (As per Part C (Lights and Shapes) of the Prevention of Collision at Sea Regulations): (a) Mast head light: The mast head light is placed on the fore and aft center line on the mast of a vessel and shows a light of 225° in 20 points (each point being 11.25° for 360° of a circle divisible into 32 points), i.e. 180° or 16 points on front side of the beam and 2 points 22.5° on either side of the beam. It shows a light right ahead of the vessel to 22.5° or 2 points behind the beam on either side of the vessel; the visibility should be 2-6 miles depending upon the length of the vessel.

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Fig. 17.1. Diagrammatic Presentation of Points of 11.25°

Fig. 17.2. Diagrammatic Presentation of Mast Head Light of 225° in 20 Points

(b) Side lights: There must be 2 side-lights, one on either side of the vessel star-board side (right) and port-side (left). The star-board side light should be green and on port-side red colored. Each side light shows a light of 112.5° in 10 points from right ahead i.e., fore and aft centerline to 2 points behind the beam. Visibility should be 1-3 miles, depending upon the length of the vessel. They are fixed on the body of the wheel house.

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2 - Side lights 90° (8 points) on either side of the fore & AFT center line & 22.5° (2 points) on either side behind the beam O

Red light

Green light 90°

90° C

22.5°

X

22.5°

D

B

A

P AXO = Green side light of port side = 10 point BXO = Red side light of star board side = 10 point

Fig. 17.3. Diagrammatic Presentation of 2-Side Lights Each 112.5° in 10 Points

(c) Stern light: It is a white light placed as nearly as practicable at the stern, showing unbroken light of 135° in 12 points and it is so fixed to the stern that it shows the light of 67.5° i.e. 6 points from mid-aft on each side of the vessel, with visibility of 2–3 miles.

Fig. 17.4. Diagrammatic Presentation of Stern Light 135° in 12 Points

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Fig. 17.5. Diagrammatic Presentations of Various Lights

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(d) All round light: It shows light in 360° with visibility of at least 2 miles and colour varies for different purpose, (yellow, white, green, red) fixed on the mast. (e) Flash light: A light flashing at regular intervals all round, it is exhibited on the forward part of the vessel mostly on the mast with visibility of 2 miles.

17.5 RANGE AND VISIBILITY OF LIGHTS Lights must be bright enough to be visible as follows: Specifications of Lights and Visibility

Length of the vessel in Meter

Masthead light 225°

Side light 112.5°

Stern light 135°

All round light 360°

Remarks

50 and above

6 miles

3 miles

3 miles

3 miles

20 - 50

5

.. 2

2

2

12 – 20

3

2

2

2

Less than 12

2

2

2

2

The additional all round lights white, red, green, yellow for shooting and hauling, net obstruction and hampered by purse seining shall be visible at least one mile.

As such, a fishing vessel when not engaged in fishing shall exhibit the lights prescribed for a vessel of her length, as per clause governed by Rule 23, as shown below:

Fig. 17.6. Diagrammatic Presentation of Lights to be Fitted in a Fishing Vessel

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17.6 SHAPES TO BE EXHIBITED AS FISHING SIGNALS (As per Part C (Lights and Shapes) of Prevention of Collision at Sea Regulations) Shapes like black cones and black baskets are exhibited as signals during daytime, when lights would be hardly visible. The size of the cone, diameter of the base should not be less than 0.6 meter and the vertical height 0.45 meter for all vessels over 20 meters in length. However, shapes of lesser dimensions may be used by the vessels less than 20 meters in length. The different shapes to be exhibited are as under:

1.

Cones: Made up of tin with black coating with the base diameter of 2’and the vertical height of 1½’

2.

Baskets: Made out of split bamboo and coated with black color.

Fig. 17.7. Diagrammatic presentation and specification of Shapes: Cone and Basket

Additional Information on Fishing Lights and Signals 1. For vessels of 20 meters or more: Vertical distance of the fishing lights should be at least 2 meters, but the lower light should not be less than 4 meters above the hull; 2. For vessels of less than 20 meters: Vertical distance of fishing lights should be at least 1 meter, but the lower light should not be less than 2 meters above the gunwale. The distance between the side lights and the lower of the fishing lights shall be twice the vertical distance between the fishing lights. 3. For vessels other than trawlers: When the fishing gear extends more than 150 meters horizontally from the vessel, another all-round white light exhibited shall be placed between 2–6 meters from the fishing lights, focusing towards the direction of the gear and shall not be below the side lights. 4. For the trawlers: (a) A mast head light shall be carried abaft of and higher than the fishing lights; vessels of less than 50 meters in length need not carry the mast head light, (b) Optional additional lights, if exhibited should be at least 0.9 meters apart and between the fishing lights, (c) Vessels engaged 'in pair-trawling may exhibit their search light directed forward in the direction of the other vessel of the pair. 5. Sound signals in restricted visibility: In case the visibility is impaired, one prolonged blast followed by two short blasts at intervals of not more than 2 minutes should be used for the purpose of signaling. Vessels of less than 12 meters may make some other efficient sound signals at some intervals. Note: In order to attract the attention of another vessel, any vessel may make light or sound signals that cannot be mistaken for any signal authorized elsewhere under the rules or may direct the beam of its searchlight in the direction of danger, in such a way as not to embarrass any other vessel.

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17.7 LIGHTS AND SHAPES TO BE EXHIBITED IN FISHING VESSELS The lights are shown during the night and the shapes exhibited during the day time for the purpose of signaling. For use of these lights and shapes the vessels are categorized under 2 heads: trawlers and vessels other than trawlers. The various lights and shapes to be exhibited for signaling specific activities of different categories of vessels are as per the details furnished below:

A. By the Trawlers while Trawling 1. 2 all round lights in a vertical line, the upper one is green and the lower one white 2. During day time, 2 vertical cones with apex together facing each other 3. For vessel less than 20 meters OAL, 2 baskets instead of cones can be exhibited. 4. A mast headlight behind and higher than the all-round green, vessels less than 50 meters OAL are not obliged 5. While making way through water, in addition to above, right side light and stern light are to be exhibited. As such a vessel when engaged in trawling, by which it is meant that the dragging through the water a trawl net/dredge net or other apparatus used as a fishing appliance, shall exhibit: • Two all-round lights in a vertical line, the upper being green and the lower white, or a shape consisting of two cones/baskets with their apexes together in a vertical line one above the other; • A masthead light abaft and higher than the all-round green light; a vessel of less than 50 meters in length shall not be obliged to exhibit such a light but may do so; and • When making way through the water, in addition to the lights prescribed above, sidelights and a stern-light are to be exhibited.

17.8 BY THE VESSELS ENGAGED IN FISHING OTHER THAN TRAWLING 1. 2 all round lights on a vertical line upper being red and lower white 2. 2 vertical cones exhibited as in case of trawlers 3. In smaller vessels baskets instead of cones can be exhibited as in case of trawler 4. When the outlying gear extends more than 150 meters horizontally from the vessel, an all round white light or during daytime a cone apex upwards in the direction of the gear. 5. While making through way in the water in addition to above, side and stern lights should be exhibited. As such a vessel engaged in fishing, other than trawling, shall exhibit: • Two all-round lights in a vertical line, the upper being red and the lower white, or a shape consisting of two cones/baskets with apexes together in a vertical line one above the other; • When there is outlying gear extending more than 150 meters horizontally from the vessel, an all-round white light during night or a cone apex upwards in the direction of the gear during the day time; • When making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a stern-light.

Fig. 17.8. Diagrammatic Presentation of Lights in Trawler (20–50 m) while Trawling

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Fig. 17.9. Diagrammatic Presentation of Lights in Trawler (12–20 m) while Trawling

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Fig. 17.10. Lights Exhibited in Vessels (12–20 m) while Fishing other than Trawling

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17.9 BY THE VESSELS ENGAGED IN FISHING IN CLOSE VICINITY OF OTHER VESSELS The fishing vessels engaged in fishing in close vicinity of other vessels may use the following additional lights apart from above:

(i) Signals for the Trawlers 1. While shooting the net, 2 all round white lights on a vertical line 2. While trawling 2 all round lights, upper one being white and lower one red.

Fig. 17.11. Lights to be Exhibited in Vessels (over 20 m) while Trawling

3. If the trawl net has gone over the rocks, 2 all round red lights on a vertical line.

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(ii) Signals for a Purse-seiners When hampered by its fishing gears, 2 yellow lights in a vertical line, these lights should flash alternatively every second. These additional signals apply to any vessel engaged in fishing in close proximity to other vessels engaged in fishing.

17.10 FOR FISHING VESSELS WHEN NOT ENGAGED IN FISHING Fishing vessels not engaged in fishing shall exhibit lights and shapes only those prescribed for a vessel of her length as per clause governed by rule 23. A power driven vessel should have: 1. A forward mast head light 2. 2nd mast head light above and higher than the one above, vessels less than 50 meters OAL are not obliged 3. Side lights and stern lights 4. During daytime no lights and shapes.

17.11 FOR VESSELS IN DANGER/DISTRESS For the vessels in danger/distress, the following are to be exhibited together or alternatively to attract the attention of the ships/aero-planes passing nearby for rendering assistance/rescue: 1. Rockets or shells throwing red-stars fired one at a time at short intervals. 2. Continuous sounding with any fog signaling apparatus/fog-horn. 3. Flames on board of the vessel by burning of tar barrel or oil barrel. 4. A gun or other explosive signal fired at interval of 1 minute. 5. Black ball below a black square in orange back-ground to be exhibited. 6. Radio-telegraphy signals of SOS should be exhibited. 7. In case of radio-telephony the signaling words should be “may day”. 8. A rocket parachute flare or a hand flare showing a red light. 9. Any color dye marker over the sea water near the vessel in distress. 10. November Charlie code flag to be exhibited on the mast. 11. A signal consisting of square black flag having above or below it a black ball. 12. Slowly and repeatedly rising and lowering the arms out-stretched by the crew. 13. Radio-telegraph distress alarm to be given. 14. Radio-telephone alarm to be given. 15. Position indicating radio beacon. 16. Smoke signals of orange color smoke. 17. International code of signal of distress indicated by NC.

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Fig. 17.12. Various Ways to Indicate Distress by Vessels on Sea

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18

Unit

REGULATIONS FOR THE LIFE SAVING APPLIANCES 18.1 PRELUDE Life Saving Appliances (LSAs) are required to enable the crews to save their life at sea, ensuring their survival for few days, in case the vessel is in danger. The vessel may face danger due to many factors, most important among them being: fire, collision, agroundment, ship-wreck etc. These LSA equipments help the crews on board of the vessel to thrive for few days on sea, but LSA cannot bring them onto the shore.

18.2 RULES AND REGULATIONS The provisions of rules and regulations for life saving appliances depend upon the acts under which the vessel is registered. For example: 1. Harbor Craft Rule (1908): The vessels less than 15 NRT (Net Registered Tonnage) and 25 GRT (Gross Registered Tonnage) are registered under the Harbor Craft Rules framed under Indian Ports Act (1908), where the vessels are to be registered under the Ports Authorities. 2. Merchant Shipping Act (1958): The vessels of 15 NRT or above/25 GRT or above are registered under the Merchant Shipping Act (1958). According to the Merchant Shipping Act, Section 288, under the Ministry of Shipping and Transport, Government of India, the government is empowered to make rules with reference to Life Saving Appliances (LSA) and Fire Fighting Appliances (FFA). Accordingly the Ministry of Shipping and Transport notified the rules during 1958. As per the Merchant Shipping Act (LSA) 1976, vessels are classified under 15 classes and the mechanized fishing vessels are covered under the class 13.

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18.3 TYPES OF LIFE SAVING APPLIANCES IN VESSELS 1. Life Boat: Life boat is a small boat kept on board of the mother vessel, which can be lowered into water at the time of distress of the mother vessel to take shelter. The nos. of life boats to be provided in the vessel depends upon the size of the vessel, but generally it is provided in vessels above 35 meters OAL. The general requirements are given in the II-Schedule of the LSA Rules 1976. No life boat should be less than 4.9 meters in length, the capacity (no of persons to take shelter), dimension, registering port is mentioned in the life boats. There is enclosed buoyancy in the life boats, by inflated vacuum with sea anchors and provision for a covered top.

Fig. 18.1. Life Boats

2. Class-C Boat: The Class-C boat is used in smaller vessels of less than 35 meter OAL. The purpose is the same as life boats. Small open boats, length varies depending upon the size of the vessels, general requirement are given in the VI-Schedule of the LSA Rules 1976. 3. Inflatable Life-Raft: This is folded cylindrical shaped appliance, which inflates by falling, a string fitted to a corner, it is very good with cover, came into use from 1952, mainly for shelter, occupy very less space, contain lot of equipments to keep a man alive for 3 days, capacity varies according to size, commonly used in most fishing vessels going off-shore.

Fig. 18.2. Inflatable Life-rafts

Requirement given in the VII-Schedule of LSA Rules 1976. It can be dropped safely from 18 meters height without any damage to the raft and the equipments. The company, registration number, capacity are marked on it, periodical servicing is required once in a year.

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4. Buoyant Apparatus: The purpose is same as life raft but it is inferior to other types for it gives less protection. The requirement is given in the VIII-Schedule of LSA Rules 1976. It should retain its shape and property usually tested with dropping tests, the apparatus has buoyancy chamber and grip line for shelter of the persons in water by holding the line, the weight of the apparatus should not exceed 18 Kgs.

Fig. 18.3. Buoyant Apparatus

5. Life Buoy: This is for the support to people on water, their main use is to throw them to someone, who has fallen into water from the boat, often attached with ropes over 20 meters length and self-igniting light to help visibility during night, circular in shape with visible color. The requirement is given in the IX-Schedule of LSA Rule 1976. The main requirement is, if 14.8 Kgs of iron weight is suspended from the buoy, it should float for at least 24 hours in marine water; the weight of the life-buoy should not exceed 6.8 Kgs, made up of plastic stepped with cork, fitted with 4 grab-lines to hold on.

Fig. 18.4. Life Buoys

6. Self-Igniting Light: It lights automatically being thrown into water, run by batteries. It is meant for marking the position of life-buoys prescribed for the boat. The life buoy should be fitted with self-igniting lights as per rule, the light should be able to burn for not less than 45 minutes.

Fig. 18.5. Self-Igniting Lights

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7. Buoyant Line: The buoyant line is generally attached to the life-buoys, those who are not attached with self-igniting lights, the line helps to take back the life-buoys back into ship.

Fig. 18.6. Buoyant Lines

8. Life Jacket: The purpose is to keep the person afloat in water, even when he is unconscious. It is made up of light materials, the requirement are given in the X-Schedule of the LSA Rule 1976. The important feature is its capacity of supporting 7.5 Kgs iron weight in fresh water for 24 hours, without losing its buoyancy for not more than 5%, the prescribed requirement under rule is one for each crew.

Fig. 18.7. Life Jackets

9. Line Throwing Appliance: It is fitted with rocket or piston mechanism to throw the lines to other vessels. The requirement is given in the XI-Schedule of the LSA Rule 1976. The set consists of 4 lines and 4 rockets, the circumference of the line is 12.5 mm and can be thrown up to a distance of 123 to 230 meters, the service life is 2 years and date of manufacture is usually mentioned above the instrument.

Fig. 18.8. Line Throwing Appliances

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10. Parachute Distress Rocket Signals: This is fired from vessels or life-buoys in distress, the rockets fired are to attract the attention of nearby vessels or aero-planes. It releases a white star, suspended from a parachute, which falls very slowly in order to indicate the distress position. The speed of falling is 4.5 meters per second, the height at which the red-star is ejected is 229 meters, this should ideally burn for 40 seconds, the external content are water-proof, the date of manufacture is written over the material, self-life is for 2-4 years, when they are usually replaced by new ones. The requirement and specification is given in the XVI-Schedule of the LSA Rule 1976.

Fig. 18.9. Parachute Distress Rockets

11. Red Star Distress Signals: The purpose is the same as the Parachute Distress Rocket Signals to give signal in case of distress but no parachutes are used here. It is used by the smaller vessels only. Each red-star distress signal shall be capable of emitting, at least 2-3 red-stars, either together or separately at a height not less than 45.7 meters to burn not less than 5 seconds at a stretch.

Fig. 18.10. Red Star Distress Signals

12. Portable Radio Equipments: This is used in the life-boats or life-rafts for the contact with the aero-planes/other vessels at the time of distress. It should be kept in a suitable place, in ready to remove condition to a life-boat or raft, in case of emergency. This is covered by the Geneva Radio Regulations 1958.

18.4 REQUIREMENT OF LSAS IN DIFFERENT SIZED FISHING VESSELS (a) As Per the Harbor Craft Rules: The number/numbers of life saving appliances (LSAs) prescribed for smaller fishing vessels registered under the Harbor Craft Rules is: 1. One life jacket for every crew on board of the vessel. 2. At least 2 life buoys in each vessel.

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(b) As Per the Merchant Shipping Act The Merchant Shipping (Life Saving Appliances) Act-1976 specifies the requirements of various Life Saving Appliances to be provided on board of the vessels of different size. The numbers and varieties of different LSAs vary depending upon the various sizes of the fishing vessels. The minimum requirements and detailed specifications of different types of the life saving appliances, prescribed for the various size of fishing vessels as per the rule are given in the table below: S. No.

Type of LSAs

1.

Buoyant apparatus

2.

Inflatable life-raft

3.

Class - ‘C’ boat

4.

Life boat

5.

Life buoy

6.

Size of the Fishing Vessel (L O A) in meters Below 25 m

25-35 m

35-45 m

45-75 m

Above 75 m

Should accommodate on boat and can be lowered on either side of the boat

Should accommodate on boat and can be lowered on either side of the boat

Capacity of Sl.1 and 2 to accommodate all the crews + life boat for all, no ClassC boat

2 life rafts to help all + 1 or more life boats to help at least ½ of the crews

2 life rafts to help all crews + 1 or more motor driven life boats to help at least ½ of the crews

2

4

4

4

4

Self igniting light

½ of life buoy =1

2

2

2

2

7.

Buoyant line

½ of life buoy = 1 line of 25m

2 lines 25 m each

2 lines 25 m each

2 lines 25 m each

2 lines 25 m each

8.

Life jacket

@ 1 per each crew

@ 1 per each crew

@ 1 per each crew

@ 1 per each crew

@ 1 per each crew

9.

Red-star distress signals

6 nos.

-

-

-

-

10.

Parachute distress rocket signals

Not used

12

12

12

12

11.

Line throwing appliances

-

-

-

1 set of 4 rockets and 4 lines

1 set of 4 rockets and 4 lines

12.

Portable radio equipments

-

-

-

Equal to no. of life boats

Equal to no. of life boats

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19

Unit

REGULATIONS FOR THE FIRE FIGHTING APPLIANCES 19.1 PRELUDE Fire is one of the major hazards on the fishing vessel and for the safety of life at sea. In spite of all precautions, fire accident is one of the major causes in the vessels life. The fire accidents should be intimated to the Mercantile Marine Department (MMD), under the Ministry of Shipping and Transport, Government of India, for investigations of its cause. The fire is caused on board of the fishing vessels due to 3 major factors: oxygen, inflammable materials and heat. Fire prevention can be ensured by maintaining the vessel clean and tidy, timely maintenance of all FFAs in good conditions at appropriate intervals and by carrying out fire fighting trials to educate the crews.

19.2 PRECAUTIONS FOR PREVENTION OF FIRE For the avoidance of fire accidents on board of vessels, the following precautions should be taken: 1. The vessel should be kept clean and tidy. 2. Gas cylinders should be carefully handled. 3. All rooms should be kept well ventilated. 4. Maintenance of store, which should not be left on attended at any time. 5. Prohibition of smoking and prohibition of artillery on board of the vessels. 6. The exhaust pipe should be lined with fire-resistant materials. 7. Engine room should be built up of fire-resistant materials or lined with fire resistant paints. 8. All prescribed FFAs kept on board of the vessels, have to be maintained in good conditions at regular intervals. 9. Mock-drill of fire fighting trials should be carried out, in order to make the crews well conversant with the working of the fire fighting appliances at the time of emergency.

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19.3 TYPES OF FIRE Based on the type of combustible material involved in the fire accidents, fire is classified under 3 heads, namely: 1. Solid Fire: The materials involved are solid like wood, paper, textiles. In vessels it is commonly caused in galley-house or cabin rooms from cooking or smoking. 2. Liquid Fire: The materials in this case are liquid like kerosene, petrol, diesel, lubricants; which needs special types of fire extinguishers, this type of fire generally occur in the engine/machinery room. 3. Electrical Fire: Fires caused by electricity, which may happen in any part of the vessel due to electrical short-circuit, which requires special types of fire extinguishers.

Fig. 19.1. Utility of Various Fire Extinguishers

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19.4 DIFFERENT TYPES OF FIRE FIGHTING APPLIANCES 1. Soda Acid Type: This is used for extinguishing the solid fires, here water is with Sodium bicarbonate (NaHCO3) inside a metal cone and Sulphuric acid (H2SO4) at the bottom. In case of use the bottom is pressed, so then H2SO4 from glass tube breaks and mixes with NaHCO3 to produce Carbon dioxide (CO2), which comes in a jet to extinguish the fire. 2. Foam Type: It is used for fighting the liquid fires, there is foam inside the extinguisher, in case of fire it is applied over the liquid fire. The foam covers the liquid fire as it expands 8 times of its original volume inside. The atmospheric oxygen supply is interrupted by the foam cover and the fire is extinguished. It is kept in cylindrical or bowl shaped containers. 3. Carbon Dioxide Type: This contains CO2 under pressure in the container, at the time of release, CO2 comes out to extinguish the fire. It is mostly used for all types of fires but more commonly for quenching the electrical fire and smaller liquid fire. 4. Dry Chemical Powder: In this case, powder under pressure (generally NaHCO3 dusts) are kept and released at the time of need for all types of fires but mainly for the small fires caused due to electrical short-circuit or liquid inflammable materials.

Fig. 19.2. Symbols Found in the Fire Extinguishers and what they Mean

5. Halogen Type: Halogen type of fire extinguisher contains, generally, carbon tetra-chloride (CCl4) to release chlorine (Cl2), a poisonous gas which is mainly used for extinguishing the electrical fires. 6. Fire Pumps: Fire pumps may be electrical, diesel operated or engine driven pumps to pump in outside water on board of the fishing vessel for extinguishing mostly the solid fires.

Fig. 19.3. Different Tpes of Fire Pumps Used in Vessels

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7. Fire Buckets: The fire-buckets are painted with red color, with the word “FlRE” written in Black or White and are round bottomed in order to restrict them to distinct location/ purpose and to prohibit their use for any other purposes, except for fire prevention. Generally 50 % of the numbers of buckets are filled with water and other 50 % are filled with sand. The water is for small solid fires and the sand is for small liquid fires. The numbers of fire buckets prescribed to be contained in vessels varies with the vessel size.

Fig. 19.4. The Fire Buckets

8. Bins of Sand/Saw-Dust: These are rectangular wooden/ FRP bins, provided with scoops containing sand or saw-dust treated with soda for use in case of liquid fires.

Fig. 19.5. Sand/Saw-dust Bins

9. Fire Hydrants: The fire hydrant is a controllable outlet fixed at definite locations on board of the vessels to which the fire hose pipe is attached to pump in outside water for fighting the fire accidents.

Fig. 19.6. Fire Hydrants

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10. Fire Hose: These are made up of cotton and flops lined with rubber, to be connected with the fire hydrants for immediate use. Due to their collapsible nature, these are easy to be rolled to occupy lesser space to be staked.

Fig. 19.7. Fire Hose

11. Fire Nozzles: The fire nozzle releases water in shape of a jet/spray by gun metal mechanism for applications over the fire locally. There is alternate mechanism in fire nozzles to release water either in shape of a jet or spray by adjustments for fighting the fires.

Fig. 19.8. Fire Nozzles

12. Fireman’s Outfit: It consists of breathing apparatus and mask, safety-lamps operated by batteries, a fireman’s axe (insulated axe for cutting electrical cables/wires), fire resistant gumboots and helmet, used to go inside smoke to locate the fire during the fire accidents.

Fig. 19.9. Fireman’s Outfit

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19.5 FIRE FIGHTING APPLIANCES RULES Government of India, under the Ministry of Shipping and Transport is empowered to enact laws to specify and regulate fire fighting appliances (FFAs) on board of the fishing vessels. Generally these regulations are covered under the Merchant Shipping (Fire Fighting Appliances) Rules 1969 as amended from time to time. According to this rule, the vessels are classified under 8 classes, the fishing vessels fall under the Class-VIII. The rules No. 27-38 cover the regulations for fishing vessels. Again depending upon the tonnage of the vessels, fishing vessels are grouped under 4 categories. Vessels of different tonnage require different numbers and types of fire fighting appliances (FFAs), as prescribed under these rules. 1. Vessels under 150 tons 2. Vessels above 150 tons and less than 500 tons 3. Vessels above 500 tons and less than 1000 tons 4. Vessels above 1000 tons.

A. FFA for Vessels under 150 Tons 1. Fire pump 1 (no fire hydrants) 2. 1 fire hose, length of which would be sufficient to cover any part of the vessel and a powerful jet of water can be directed to any part of the vessel 3. 3 fire buckets 4. 1 Fireman’s axe 5. In open board 2 fire buckets can be substituted for (i) A sand bin inside the engine room with a scoop with adequate sand or saw dust impregnated with soda. (ii) Fire hose if provided a fire nozzle is essential (iii) 2 portable foam type fire extinguishers.

B. FFA for Vessels above 150 Tons and Less than 500 Tons 1. Fire pump-1 2. 1 fire hose, length of which would be sufficient to cover any part of the vessel and a powerful jet of water can be directed to any part of the vessel 3. 4 fire buckets 4. 1 Fireman’s axe 5. 1 spray type nozzle 6. 1 sand bin 7. 2 portable foam type fire extinguishers 8. 1 big un-portable foam type fire extinguisher of 45 liters capacity.

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C. FFA for Vessels above 500 Tons and Less Than 1000 Tons 1. Fire pump-1 2. 1 fire hydrant 3. 1 fire hose with spare length of 9 meters and a powerful jet of water can be directed to any part of the vessel 4. 1 jet nozzle and 1 spray type nozzle or 1 adjustable jet cum spray nozzle 5. Fire extinguishers – 3 portable ones for use, 1 in the crew space + I fixed + 1 in the machinery space, along with portable extinguishers as follows: (a) For vessels of 150 HP – 4 nos. (b) For vessels from 150 – 200 HP – 5 nos. (c) For vessels from 200 - 250 HP – 6 nos. (d) For vessels above 250 HP – 7 nos. or alternatively, 2 nos. of portable fire extinguishers of 45 liters capacity. 6. 1 fireman’s outfit with fireman’s axe, mask and breathing apparatus.

D. FFA for Vessels above 1000 Tons 1. 2 independently driven Fire pumps 2. Fire hoses, I fire hose for each 30 meters length of the vessel or part thereof and 1 spare fire hose but in any case not less than 5 fire hoses. 3. Sufficient numbers of fire hydrants, each hydrant should be such, so that 2 jets of water can be taken out at any time. 4. Sufficient numbers of nozzles, jet type and spray type nozzle of equal numbers or alternatively combined type of nozzles. 5. Portable fire extinguishers not less than 5, at least 1 in every crew cabins + 1 foam type fire extinguisher of 45 liters capacity, 1 in each engine space and also portable fire extinguishers as follows: (a) For vessels of 1000-2000 BHP – 3 nos. (b) For vessels of 2000-3000 BHP – 4 nos. (c) For vessels of 3000-4000 BHP – 5 nos. (d) For vessels above 4000 BHP – 6 nos. 6. 1 fireman’s outfit with fireman’s axe, mask and breathing apparatus, for each 30 meters length of the vessel or part thereof. 7. Every vessel of 2000 HP and above shall have fixed fire smoothening gas complying with requirement under rule 40 8. 1 portable drilling machine 9. In the engine room, there should be two fire hydrants, 1 on port side and 1 on the star board side.

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10. In addition to above each hydrant should be provided with a fire hose and nozzle for dual purpose of spray or jet.

E. FFA for Small Vessels Registered under Harbor Craft/Port Rule 1. 1 GI bucket 2. 1 hand pump with suitable rubber hose pipe at least 5 meters in length 3. 1 sand bin or a bin containing saw-dust

19.6 SUMMERY LIST OF FIRE FIGHTING APPLIANCES PROVISIONS (To be provided on board of the fishing vessels (Ships of Class VIII) fitted with Internal Combustion Propelling Machinery less than 1000 Gross Tons as per the Indian Merchant Shipping, (Fire Appliance) Rules - 1969.) Gross Registered Tonnage of the vessel

Pump and fire hose to direct powerful jet of water to any part of the ship with nozzles spraying water or oil

Fixed fire extinguishing install -ation

Foam Type of Fire Extinguishers

Portable Fire Extinguishers Capable of discharging Foam/other substances suitable for quenching Oil fires.

Other Types of Fire Extinguishers

Fire Buckets filled with sand or water

Receptacle containing adequate sand or dry materials suitable for quenching oil fires with scoop for their distribution

Under 150

1 set of fire pump and fire-hose (for open boats this can be substituted by two fire buckets attached with lanyard)

-

-

2

-

3

1 set

150 – 500

One set of (powered pump)

-

2

4

1

1

500 1000

One set of (powered pump)

1

-

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B.H.P. of main engine

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REFERENCES Ayappan, S., A.K. Jena, A. Gopalakrishna, and A. Pandey 2006 – Fisheries legislation in India in: Handbook of Fisheries and Aquaculture. Badapanda K. C. 1982 – Fisheries Legislation in India with special reference to Odisha State, Dissertation submitted in partial fulfillment for the D. F. Sc. C I F E, Mumbai. Badapanda K. C. 2012 – Basics of Fisheries Science, Vol I to V, Published by Narendra Publishing House, Chandni Chowk, Delhi – 110006. Badapanda K. C. 2014 – “A Hand Book of Fisheries Management” Published by: Narendra Publishing House, Chandni Chowk, Delhi – 110006. Bhukaswan, T. 1978 – Principles of Reservoir Fisheries Management, Spl. Publication of Fresh Water Fisheries Division, Department of Fisheries, Bankong, Thailand. Chandra Mohan, K. 1980 – Conservation Techniques in Fisheries Management: a Review, Seafood Export Journal, VOL-XII, No. 11. Christy, F.T. and Anthony Scott. 1965 – Common Wealth in Ocean Fisheries, Johns Hopkins Press, Baltimore, Maryland, USA. Datta, S. and R. C. Das, – 2005, Fisheries Legislation of India. Don Walsh, 1977 – The Law of the Sea: Issue in ocean Resources Management, Praegos Publication, New York, USA. Dwivedi, S.N. 1974 – Multi-use of the Coastal Zone & Marine Environment along the West-Coast of India, Exploitation of Oceans, Bordoaux-74. Dwivedi, S.N. 1973 – Some Aspects of the Marine Living Resources of Indian Continental Shelf, Spl. Publication, Marine Association of India (227-240). Hora, S. L. 1951 – Knowledge of the Ancient Hindus concerning Fish and Fisheries of India, Journal of the Asiatic Society, 17-(2), Page !47-169. Howarth W., A.R. Hernandez and A. Van Houtte, 2001 – Legislation Governing Shrimp Aquaculture: Legal Issues, National Experiences and Options. FAO Legal Paper-18. Indian fisheries Bulletin, Volume-III, January 1956 – Brief Review of Fisheries Legislation. Indian fisheries Bulletin, Volume-IV, No.2, April 1957 – Four proclamations of Government of India regarding Fishing Limits. 282

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Krishna Chandra Badapanda

ABOUT THE BOOK Any productive industry will record only a stunted growth or perish soon, if proper planning, organization and control do not exist. This is more relevant for the fishing and aquaculture industry, which deals with aquatic resources, which are not only hidden, mobile, migratory, renewable and sensitive living resources of common property nature, involving high degree of risks and uncertainty but also highly perishable after exploitation, warranting costly harvest and postharvest technology. Fisheries Legislation is always based upon the scientific principles to find out ways and means to protect the fish and fisheries, so that assured harvest is possible in sustainable manner. The present book has been written for the students of fisheries science. It is also helpful for the research personnel and the persons involved in fishing,fish farming, manufactures & exporters of fish and fishery products. Some salient features of the book are:  The presentation of subject matter is systematic.  The language of the text is lucid, direct and easy to understand.  Relevant statistics, figures and illustrations has been included to give the readers, more clear insights into the subjects.  References to websites and books have been given at the end of the book.

F I S H E R I E S L E G I S L AT I O N

FISHERIES LEGISLATION

ABOUT THE AUTHOR

ISBN 978-93-5274-275-2

9789352742752- 0395

(An Imprint of Laxmi Publications Pvt. Ltd.) An ISO 9001:2015 Company

UFL-9826-395-FISHRIES LEGISLATION-PAN

Krishna Chandra Badapanda

Krishna Chandra Badapanda has completed the 1-year Post-Graduate Certificate Course in Inland Fisheries Development and Administration with 1stclass, from IFTC (CIFE), Kolkata and the 2-years Post-Graduate D F Sc from CIFE (ICAR), Mumbai, being the Topper (First Class with First Rank). Mr Badapanda joined the State Department of Fisheries, Odisha, during 1973 as a field executive. He was a member of the faculty in the Fishery Training Institute of Odisha. He was a District Level Fisheries Officer for 12 years from 1986-97 and Zonal Deputy Director of Fisheries for 10-years from 1997-2006, supervising Fisheries Development of 10 districts each, in the Southern/ Central Zones of the state. Then he was posted at the Directorate of Fisheries, to monitor Plan Schemes from 2006-08 and retired during 2010 as the Managing Director, Odisha State Fishermen's Cooperative Federation Ltd. (FISHFED). He has more than 37 years of experience, in almost all the fields of fisheries—aquaculture, fresh-water, brackish-water and marine sector. He was the chief architect for the Odisha Marine Fisheries Regulation Act (OMFRA-1982), the state envoy to study reservoir fisheries management in the states of AP and MP, author of the Odisha State Reservoir Fisheries Policy (OSRFP-2002). Presently, he is working as a guest faculty for the MFSc students of Utkal University, Bhubaneswar. He has authored some books namely: Basics of Fisheries Science (in five volumes) and A Hand Book of Fisheries Management. He is also a poet, trainer, consultant, columnist having more than 50 published papers.

FISHERIES LEGISLATION Krishna Chandra Badapanda