FISHERIES MANAGEMENTThe integrated process of informationgathering,analysis,planning,consultation,decision-making, allocation of resourcesand formulation and implementation,with enforcement as necessary, ofregulations or rules which governfisheries activities in order to ensure thecontinued productivity of the resourcesand the accomplishment of otherfisheries objectives.(FAO)
REGULATIONThe act of controlling or directing an activityaccording to rules , law , and policy.It may be state or central.
Some of the existing lawsTitle of law Year enacted /revisedThe Indian Fisheries Act 1897The Territorial Sea, Continental Shelf, 1976 / 1997Exclusive Economic Zone and otherMaritime Zones ActsThe Maritime Zones of India (Regulation 1981 / 1982 / 1990 / 1991of Fishing by Foreign Vessels) ActThe Marine Products Export 1972 / 1978Development Authority (MPEDA) ActThe Environment (Protection) Act 1986 / 1991The Merchant Shipping Act 1958 / 1970 / 2002 / 2003The Coastal Aquaculture Authority Act 2005The Wild Life (Protection) Act 1972 / 2002 / 2006Coastal Regulation Zone 1991Notification
Overview of existing policies in IndiaExisting Act/rules Salient FeaturesEnvironment Protection Act (EPA), An umbrella Act1986 Coastal Regulation Zone Regularizes the various activities in Notification, 1991 coastal zone Coastal Zone Mgmt Supreme Court Intervention that all the Plans(CZMPs) Coastal states prepare their CZMPs by1996 Hazardous Waste This Act provides guidelines for Management Act,1989 hazardous waste management and also for the import and export of hazardous waste in the country. Environmental Impact The objective of this act is to conserve Assessment Notification, and protect the environment 1994
Existing Act/rules Salient FeaturesWater (Prevention and Control of Pollution) Control of pollution from land-basedAct,1974,Amended in 1988 sources. Pollution Control Board was constituted under this act.Merchant Shipping Control of pollution from ships and off-Act,1958 shore platformsMaritime Zones Act, 1976 Describes various zones such as territorial waters, EEZ, Continental shelf etc.Wildlife Protection Act, 1972 Offers protection to marine biota. Creates(Amended in 1983, 1986, conditions favourable for in situ1991, 1997, 2001) conservation of fauna and flora. Amended in 2001 to include several species of fish, corals, sea cucumbers and sea shells in Schedule I and III .Whale shark placed in schedule IIndian Fisheries Act, Offers protection to fisheries against1897 explosives or dynamites
Existing Act/rules Salient FeaturesMarine Fishing A model act, which provides guidelines toRegulation Act, 1978 the maritime states to enact laws for protection to marine fisheries by regulating fishing in the territorial waters. The measures include: regulation of mesh size and gear, reservation of zones for various fishing sectors and also declaration of closed seasons. Laws framed and Amended from time to time by different maritime states
Laws under the purview of Different Ministries in India
Coastal Regulation Zone Notification1991 Coast Guard Act, Water (Prevention & 1 978 Control of Pollution ) Act, 1974 Ministry of Environment and Environmental Maritime Zones forest Protection Act, 1986 Act,1976 Ministry of Agriculture or Ministry of AnimalMinistry of Defense Ministry associated Husbandry and Dairying Ministry of Shipping Deep Sea Fishing Policy, 1991 Indian Ports Act, 1908 Indian Fisheries Act, Major Port Trust Act, 1987 1963 Merchant Shipping Marine Fisheries Act, 1958 Regulation Acts
THE INDIAN FISHERIES ACT, 1897 An Act to provide for certain matters relating to Fisheries It extends to the whole of India Act to be read as supplemental to other Fisheries laws Destruction of fish by explosives in inland waters and on coast 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.
Destruction of fish by poisoning of waters. 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. State government rules may prohibit or regulate all or any of the following matters the erection and use of fixed engine the construction of weirs the dimension and kind of the nets to be used and the modes of usingthem. Arrest without warrant for offences under this Act.
The Territorial Waters, Continental Shelf,Exclusive Economic Zone and otherMaritime Zones Act, 1976 In this Act, "limit" in relation to the territorial waters, ..., the exclusive economic zone or any other maritime zone of India, means the limit of such waters, shelf or zone with reference to the mainland of India as well as the individual or composite group or groups of islands constituting part of the territory of India. Sovereignty over, and limits of territorial waters(1) The sovereignty of India extends and has always extended to the territorial waters of India (hereinafter referred to as the territorial waters) and to the seabed and subsoil underlying, and the airspace over, such waters.(2) The limit of the territorial waters is the line every point of which is at a distance of twelve nautical miles from the nearest point of the appropriate baseline.
Use of territorial waters by foreign ships(1) Without prejudice to the provisions of any other law for the time being in force, all foreign ships (other than warships including submarines and other underwater vehicles) shall enjoy the right of innocent passage through the territorial waters.Explanation - For the purposes of this section, passage is innocent so long as it is not prejudicial to the peace, good order or security of India.(2) Foreign warships including submarines and other underwater vehicles may enter or pass through the territorial waters after giving prior notice to the Central Government: Provided that submarines and other underwater vehicles shall navigate on the surface and show their flag while passing through such waters.
Contiguous zone of India The contiguous zone of India (hereinafter referred to as the contiguous zone) is an area beyond and adjacent to the territorial waters, and the limit of the contiguous zone is the line every point of which is at a distance of twenty-four nautical miles from the nearest point of the baseline Continental shelf The continental shelf of India (hereinafter referred to as the continental shelf) comprises the seabed and subsoil of the submarine areas that extend beyond the limit of its territorial waters throughout the natural prolongation of its land territory to the outer edge of the continental margin or to a distance of two hundred nautical miles from the baseline India has, and always had, full and exclusive sovereign rights in respect of its continental shelf.
(a) sovereign rights for the purposes of exploration, exploitation, conservation and management of all resources(b) exclusive rights and jurisdiction for the construction, maintenance or operation of artificial islands, off-shore terminals, installations and other structures and devices necessary for the exploration and exploitation of the resources of the continental shelf or for the convenience of shipping or for any other purpose(c) exclusive jurisdiction to authorize, regulate and control scientific research(d) exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution.
Exclusive Economic Zone The exclusive economic zone of India (hereinafter referred to as the exclusive economic zone) is an area beyond and adjacent to the territorial waters, and the limit of such zone is two hundred nautical miles from the baseline. No person (including a foreign Government) shall, except under, and in accordance with, the terms of any agreement with the Central Government or of a license or a letter of authority granted by the Central Government, explore or exploit any resources of the exclusive economic zone or carry out any research or excavation or conduct any research within the exclusive economic zone or drill therein or construct, maintain or any artificial island, off-shore terminal, installation or other structure or device therein for any purpose whatsoever:
Marine Fisheries Legislation inthe Maritime States of India The country with the long coastline of 8129 Km has an exclusive Economic Zone (EEZ) extending to 2.02 million Sq.Km. comprising of 0.86 million Sq.Km. on the West Coast 0.56 million Sq.Km. on the East Coast 0.60 million Sq.Km. around the two island union territories viz Lakshadweep, and Andaman and Nicobar islands, situated in the Arabian sea and Bay of Bengal, respectively
Zonation and other fishing regulations indifferent states are summerised below Maharashtra-MFRA 1981/1982 Operation of trawl net by mechanized fishing vessels is prohibited in some specified depth(5 fathoms and 10 fathoms) trawl ban during monsoon trawl gear operation is not allowed between 6 pm and 6 am etc Goa-MFRA 1980/1982 area up to 5 km from the coast line is specified area and mechanized fishing vessels are prohibited from fishing in the area restriction on mesh size of nets i.e.; 20mm for prawns and 24mm for fish. Karnataka-MFRA 1986 area up to 6 km from shore or up to 4 fathoms is reserved for the traditional craft Deep Sea vessels are requested to operate beyond 20 km
Kerala-MFRA 1980 The Government Notification prohibiting the use of purse-seine, pelagic trawl and mid water trawl in the territorial sea Code end mesh size of bottom trawl-35 mm Mesh size of ring seine-20mm Mesh size of dip net-20mm Prohibition of night trawling Closed season during the breeding season Andhra Pradesh-MFRA 1983/1995 The area up to 10 km from shore is reserved for traditional craft Mechanized boats are allowed to operate beyond 10 km Orissa-MFRA 1982/1985 Non mechanized traditional craft shall be allowed to operate freely without restriction. Mechanized fishing vessels up to 15 m in length shall be allowed to operate beyond 5 km from the coast. Mechanized fishing vessels of 25 GRT and above or 15 m in length shall be allowed to operate beyond 10 km from the coast
Tamil Nadu-MFRA 1983 Area up to 3 nautical miles reserved for traditional vessels. Fishing with in 100m below a river mouth is prohibited. No fishing gear of less than 100-mm mesh from knot to knot in respect of net other than trawl net shall be used. West Bengal-MFRA 1993/1995 The area up to 15 km from the shore is reserved for traditional craft. Fishing craft fitted with more than 30-hp engine are allowed to operate beyond 15 km