Management of Indian fisheries(regulatory)

Submitted by:Koushik Das

M.Sc.- IF IV Sem,

Roll no: 10SIF,CUSAT-16

FISHERIES MANAGEMENT

The integrated process of information gathering, analysis, planning, consultation, decision-making, allocation of resources and formulation and implementation, with enforcement as necessary, of regulations or rules which govern fisheries activities in order to ensure the continued productivity of the resources and the accomplishment of other fisheries objectives.(FAO)

REGULATION

The act of controlling or directing an activity according to Rules , Law , &

Policy.

It may be State or Central.

Some of the existing lawsTitle of law Year enacted /revised

The Indian Fisheries Act 1897

The Territorial Sea, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Acts

1976 / 1997

The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act

1981 / 1982 / 1990 / 1991

The Marine Products Export Development Authority (MPEDA) Act

1972 / 1978

The Environment (Protection) Act 1986 / 1991

The Merchant Shipping Act 1958 / 1970 / 2002 / 2003

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 mattersthe erection and use of fixed engine the construction of weirs the dimension and kind of the nets to be used and the modes of using them.

Arrest without warrant for offences under this Act.

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime 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 12 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 is a band of water extending from the outer edge of the

territorial sea to up to 24 nautical miles (44 km; 28 mi) from the baseline, within which a state can exert limited control for the purpose of preventing or punishing "infringement of its customs, immigration or sanitary laws and regulations within its territory or territorial sea”.

• This will typically be 12 nautical miles (22 km; 14 mi) 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.

Continental shelfThe continental shelf of a coastal State comprises the seabed and subsoil of the

submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance

India has, and always had, full and exclusive sovereign rights in respect of its continental shelf.

• The continental shelf of a coastal nation extends out to

the outer edge of the continental margin but at least

200 nautical miles (370 km; 230 mi) from the baselines of

the territorial sea if the continental margin does not

stretch that far.

• The outer limit of a country's continental shelf shall not

stretch beyond 350 nautical miles (650 km; 400 mi) of the

baseline, or beyond 100 nautical miles (190 km; 120 mi)

from the 2,500 metres (8,200 ft) isobath, which is a line

connecting the depths of the seabed at 2,500 meters.

(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 200 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:

Specific Legal Regime Created by UNCLOS

Art. 55 - The exclusive economic zone is an

area beyond and adjacent to the territorial

sea, subject to the specific legal regime

established in this Part, under which the

rights and jurisdiction of the coastal State and

the rights and freedoms of other States are

governed by the relevant provisions of this

Convention.

Art. 57 - The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

Art. 58 - Rights and duties of other States in the EEZ

1. In the exclusive economic zone, all States, whether coastal or land-

locked, enjoy, subject to the relevant provisions of this Convention, the

freedoms referred to in article 87 of navigation and over flight and of the

laying of submarine cables and pipelines, and other internationally lawful

uses of the sea related to these freedoms, such as those associated with

the operation of ships, aircraft and submarine cables and pipelines, and

compatible with the other provisions of this Convention.

2. Articles 88 to 115 [rights and duties on the high seas] and other pertinent

rules of international law apply to the exclusive economic zone in so far as

they are not incompatible with this Part.

3. In exercising their rights and performing their duties under this

Convention in the exclusive economic zone, States shall have due regard to

the rights and duties of the coastal State and shall comply with the laws and

regulations adopted by the coastal State in accordance with the provisions

of this Convention and other rules of international law in so far as they are not incompatible with this Part.

Marine Fisheries Legislation in the Maritime States of India

The country with the long coastline of 8129 Kmhas 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 in different states are summarized 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