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CONTENTS

1. Introduction- General Introduction.2

Conflict Regarding Marine Resources..3

2. Chapter 1- Marine Resource Management..5

3. Chapter 2- International Conventions..7

4. Chapter 3- Indian Position

a) Policies..10

b) Legislations and Notifications..12

c) Indian Judiciary14

5. Conclusion..17

6. Bibliography19

7. List of Cases21

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INTRODUCTION

With 8118 km. of coastline including the Bay Island of Andaman & Nicobar and the atoll

island group of Lakshadweep, 2.02 million sq. km. of Exclusive Economic Zone (EEZ)

including 0.5 million sq. km. of continental shelf and 3937 fishing villages, India

harbours a vast extent of Coast and marine habitat. 1 The Indian coastline supports

numerous of its human population, which constitutes of fishing communities, being

dependent on the rich exploitable coastal and marine resources. India contributes to be

the 7 th largest marine fishing nation in the world. 2 Indian fishery also supports several

ancillary activities such as boat building, processing plants etc. All these features make

this an important sector from the economic and social viewpoint.

However, the global marine fisheries, especially the coastal sector, has been under

constant threat in the recent years basically due to depleting resources, land and sea based

pollution and upheaval in the climatic conditions. This has invited the concern of the

environmentalists, administrators and the judiciary.

But at the same time coastal resource protection and preservation projects and campaigns

lead to tension between the diverse interest groups that control and use coastal resources.

Conflicts arise between the Union and the states; traditional fishermen and owners of

mechanized trawlers; the shrimp industry and fiserfolk; and town planners and

environmentalists. 3

More so in developed and developing countries, such conflicts are mainly over the accessto and use of natural resources. Especially in developing countries, where people have

1 www.dahd.nic.in 2 www. wii.gov.in3 Shyam Divan & Armin Rosencranz, Environmental Law and Policy in India, 2 nd Edn., p. 474. Oxford

University Press, New Delhi, 2002.

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different socio-cultural backgrounds and different economic incentives, these conflicts

acquire a graver and more complicated momentum. 4 This dismal situation has resulted in

the flocking of the poor and vulnerable people to the coastal areas in search of livelihoods

based on natural resources.

Giving a brief introduction to the topic the researcher shall now move on to discuss the

conflicts and regulations in the fisheries of the Coromandel Coast.

Conflict regarding marine resources

The social pattern around the Coromandel Coast, the every-day life story of the two

fishing communities, namely the artisanal fishermen and the mechanized boat fishermen,

and the Fisheries Department, their attempts at structuring inshore fishing, their

interactions with regard to a common pool resource and the frictions that arise between

them are explored in a lively research work done by Maarten Bavinck in his book titled

Marine Resource Management: Conflict and Regulation in the Fisheries of the

Coromandel Coast . A brief history of the conflicts that arose in the region is as follows: 5

A study on the inshore fisheries along the Coromandel Coast of Tamil Nadu shows that

there exist three distinct social groups, namely the artisanal fishermen, the mechanized

boat fishermen called trawlers and the government officers from the Fisheries

Department.

In pre-independence era it was only the traditional artisanal fisherfolk who controlled and

used the fish resources in the coastal waters. Fishing was carried out employing rowing

and sailing boats and the catch was consumed mostly in neighbouring coastal

communities. However, after independence, the Government came forward to give a

4 Maarten Bavinck, Marine Resource Management: Conflict and Regulation in the Fisheries of the

Coromandel Coast, p.10.5 Ibid, see generally, p. 24-26.

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boost up the fisheries development. Government support led to mechanized craft,

development of refrigeration and canning fascilities and the promotion of marine product

exports.

Thus the traditional fishing community, which had a different set of rules for themselves

which governed access to and appropriation of fish resources, found it difficult to adjust

to the new capital and resource intensive fishery culture. They were even more affected

when a newly established community of trawlers fishermen entered the fisheries sector.

Problems arose between the two communities, and mainly because the trawler fishermen

came to exploit the same sea spaces that the older fishing populations did, though

according to the newly developed mechanized processes.

The convergence of artisanal fishermen and the technologically better mechanized

fishermen, on inshore fishing grounds gave rise to conflicts. The conflict between the two

fishing community led to strikes, protest marches and violent clashes. The government of

Tamil Nadu is the most recent entrant to this field. It has intervened to resolve this tussle

between the two fishing community by bringing in legislation to curb the unrestrained

behavior of mechanized boat fishing by creating separate fishing zones. The differences

are accommodated, but without actual cohesion or focus.

Thus we see that apart from various other reasons, the open access nature of the coastal

resources has resulted in conflicts, which are hard to resolve because they involve a

plethora of issues and numerous claimants. The researcher now shall discuss how the

overfishing in the near shore waters and other issues like marine resource depletion,

marine pollution and degradation of the marine environment are resolved by proper

management.

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CHAPTER 1

Marine Resource Management

Indian subcontinent is precariously placed because it enjoys an important position as one

of the biodiversity rich country in the world. It is diverse in marine resources. With the

rapid growth of human population near the coasts, the use of marine environment for

different purposes has been greatly multiplied.

Besides being a staple food for most of the population, it employs men and women folk

of the country, be it marine fishing or seafood production. The marine environment

including the adjacent coastal areas supports productive and protective habitats and

activities such as agriculture and aquaculture, and also industries. With mangroves, coral

reefs and sand dunes, tourism has emerged as a major economic activity in coastal states.

Also activities like exploration and exploitation of living and nonliving resources,

dumping up of the domestic, industrial and agricultural wastes and developmental

activities for settlement and recreation purposes are carried out.

The use of marine environment in India has been greatly multiplied during the past few

decades. There has been an indiscriminate and mindless harvest of living resources like

fish, shellfish, corals, seaweeds and mangroves from the sea. 6 With all this, the marine

environment is facing a number of pressures, arising out of the needs of people, and the

multiple uses that coastal and marine areas can be put to. These pressures contribute to

the depletion of marine resources and degradation of the marine environment. Further,addition of industrial and domestic wastes, nutrients, pesticide residues from agro- fields,

wastes from aquafarms, release of oil slicks from tanker accidents and leakages, entry of

toxic metals through land drainage and atmospheric fallouts, radionuclides and use of

seawater as coolant in nuclear power plants and thermal discharges have imposed many

6 www.nio.org

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visible changes in the physical, chemical and biological attributes in marine environment,

more so in coastal embayments. 7 All these polluting attributes coupled with

overexploitation of natural stock have seriously questioned the sustainability of marine

resources which include fishes, crustaceans, molluscs, seaweeds, corals and mangroves.

In the absence of good management, the degradation problems of coastal ecosystems and

water pollution will considerably threaten the sustainable use of marine living resources.

Therefore, for the protection of marine biosphere from the hazards of pollution at local,

regional and global scales, management of resources is strongly urged upon to ensure the

sustainability of marine living resources.

Thus sustainable use of marine living resources is a concern. Marine living resources provide food and livelihood to coastal communities. Therefore use of new technology

and good regulatory measures are necessary to conserve, manage and sustainably utilize

the invaluable marine wealth, without losing its relevance to the food and livelihood

security of the coastal communities which totally depend on this.

The need of the day is to preserve the ecologically sensitive areas, develop and increase

the potential of marine living resources, ensure effective monitoring and enforcement

with respect to fishing activities, improve the living standards of coastal communities. 8

To address the potential for degradation of the marine environment from a wide range of

activities it calls for the adoption of a precautionary and anticipatory approach to

development planning. 9

7 Ibid.8 www.envfor.nic.in9 Ibid.

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CHAPTER 2

International Conventions

Concerns over the degradation of coastal ecosystems and water pollution in the

international fora have given rise to conventions and procedures in order to maintain

sustainability in marine environment.

India is a signatory to various International instruments and conventions related to the

marine environment, notable of which are the United Nations Convention on the Law of

the Sea (UNCLOS), CBD, Antarctica treaty, Convention on the Conservation of Antarctic Marine Living Resources, Intergovernmental Oceanographic Commission

(IOC), United Nations Conference on Environment & Development etc. and therefore,

has an obligation to develop proper conservation and management of the marine habitat

and its management.

The researcher shall briefly discuss the aims and objectives of these international

conventions with respect to protection and preservation of the marine environment and

also the role of India in this regard .10

Law of the Sea

India is a signatory to the United Nations Convention on the Law of the Sea (UNCLOS)

adopted on 30 th April 1982. Besides other things the Convention makes provision for

protection and preservation of the marine environment, scientific research, exploration

and exploitation of the resources of the deep seabed etc.

10 For this purpose, the researcher has referred to the website www.dod.nic.in . The researcher has also

referred to www.isforum.org and www.undp.org.in.

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CHAPTER 3

Indian Position

For the protection, preservation and management of coastal waters and maritime zones

the Central Government has formulated exclusive jurisdiction and the state governments

have jurisdiction over the development of fishery and other living resources in the

territorial waters adjoining the states.

Among many departments under the Government 11, the Ministry of Environment and

Forests is the nodal ministry with major responsibility for protecting marine environment,including management of resources in the coastal water and implementation of legislative

measures. Department of Ocean Development deals with the scientific monitoring of the

marine environment and management of resources in the high seas. Development of

fisheries, aquaculture and fish processing comes under the Ministry of Agriculture

a) Policies 12

The past three decades have witnessed rapid initiatives by the government and private

agencies in the marine fisheries sector of the country. 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. The Ministry

of Agriculture, since the past few years, had been paying due attention to the

development of deep-sea fishery in the country on the realization that most of the deep

sea fishery resources are 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 are utilized. Hence major developments in

harvesting and processing technology were brought about.

11 See generally www . envfor.nic.in12 See generally www.dahd.nic.in

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The Government addressed this issue in its Charter Policy of 1981 and a revised Charter

Policy of 1986. In view of these policies big businesses and companies entered the

fishery sector. In 1986 about 97 companies were permitted to operate 311 foreign fishing

vessels. This facilitated greater inflow of foreign exchange through export of fish caught

by these vessels. Further through the 1991 policy, the Government also allowed joint

venture, test fishing and leasing. But soon the Deep Sea Fishing Policy came to be

criticised by various fishermen groups. Some of them also resorted to agitation stating

that their operational area is being encroached upon by the larger vessels operating under

charter, joint venture, lease etc. due to the over-exploitation of resources, traditional

fisherfolk were threatened of depleting returns.

Therefore, the government appointed a committee to review the deep sea fishing policy,

which submitted its report in 1996. As per this the Government rescinded all the earlier

policies on deep-sea fishing. Also a few Committees were subsequently constituted in

order to gather data on the availability of the fishing craft, status of marine fishing

resources etc. so that based upon the said information fishing policies of the government

be revised from time to time.

The Government in the present policies, seeks to bring the traditional and coastal

fishermen also in to the focus together with stakeholders in the deep-sea sector so as to

achieve harmonized development of marine fishery both in the territorial and extra

territorial waters of our country. Therefore policy objectives of the Government now

includes to augment fish production for both domestic and export markets, to ensure

socio-economic security of the artisanal fishermen whose livelihood solely depends on

this vocation and to ensure sustainable development of marine fisheries with due concern

for ecological integrity and biodiversity .13

13 See also www. tn.gov.in

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b) Legislations and Notifications

Indias marine resources are primarily threatened by terrestrial sources of pollution,

which are regulated under the Water (Prevention and Control of Pollution) Act, 1974, and

the Environment (Protection) Act, 1986. The legislative framework for controlling

marine pollution is also provided by Coastal Regulation Zone Notification (CRZ)

Coastal Regulation Zone Notification (CRZ) 14

This Notification was made under Section 3(1) and section 3(2)(v) of the Environment

(Protection) Act, 1986 and Rule 5(3)(d) of the Environment (Protection) Rules, 1986

declaring coastal stretches as Coastal Regulation Zone (CRZ) and regulating activities inthe CRZ.

In response to a series of Supreme Court orders rebuking the casual approach of the state

to coastal protection, the Ministry of Environment and Forests (MoEF) has constituted

national and state level authorities to protect the coast. 15 In February, 1991, the Union

MoEF framed regulations under the Environment (Protection) Act, 1986 and the

Environment (Protection) Rules, 1986, to preserve coastal zone extending over a strip of

land upto 500m from the High Tide Line (HTL) along the entire Indian coast. These

regulations are popularly known as the CRZ Regulations and are monitored and enforced

by the MoEF, the State and Union Territory administrations or any other authorities

specifically designated for this purpose. 16

Under the CRZ notification development along coastal stretches of the country is

severely restricted. Furthermore it also requires coastal States and Union Territories to

prepare approved Coastal Zone Management Plans identifying and classifying the CRZ

14 See Bibhu Prasad Tripathy, S.A. Karthik, B. Deepa & M.K. Ramesh, Cases and Materials Concerning

the Coastal Environment , p. 51-65.15 Supra note 3, p. 478.16 Clause 4, CRZ Notification, 1991.

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areas within their respective territories Coastal Zone Management Plans (CZMPs) for

each state or region .17 All developments within the CRZ should confirm to the CZMPs.

The opening clause defines the regulatory zone as the coastal stretches of seas, bays,

estuaries, creeks, rivers and backwaters which are influenced by tidal action (in the

landward side) upto 500m from the High Tide Line (HTL) and the land between the Low

Tide Line (LTL). For the purposes of this notification, the High Tide Line means the

line on the land upto which the highest water line reaches during the spring tide and shall

be demarcated uniformly in all parts of the country by the demarcating authority so

authorized by the Central Government in consultation with the Surveyor General of

India. 18

The CRZ Regulations prohibits certain designated activities in the coastal regulationzone. The following activities are declared as prohibited namely: 19

(i) setting up of new industries and expansion of existing industries, except those directly

related to water front or directly needing foreshore facilities;

(ii) manufacture or handling or storage or disposal of hazardous substances;

(iii) setting up and expansion of fish processing units;

(iv) setting up and expansion of units/mechanism for disposal of waste and effluents;

(v) discharge of untreated wastes and effluents;

(vi) dumping of city or town waste for the purposes of land filling or otherwise;

(vii) dumping of ash or any wastes from thermal power stations;

(viii) land reclamation, bunding or disturbing the natural course of sea water with similar

obstructions;

(ix) mining of sand, rocks and other substrata materials;

(x) harvesting of ground water;

(xi) construction activities in ecologically sensitive areas;

(xii) any construction activity between the LTL and HTL;

(xiii) dressing or altering of sand dunes, hills, natural features including landscape

charges for beautification, recreational and other such purpose.17 Clause 3(3)(i), CRZ Notification, 1991.18 As amended on 18 th August, 1994.19 See Clause 2 of CZR Notification, 1991.

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The CRZ Regulations also provide for the regulation of permissible activities.

Development Clearance may be granted only for activities which require water front and

foreshore facilities such as construction activities related to Defence or ports, harbours

and light houses, thermal power plants and all other activities with investment exceeding

rupees five crores. 20

c) Indian Judiciary

The CRZ Regulations are poorly drafted which leads to great degree of uncertainty. 21 The

Supreme Court and the High Courts have tried to do away with the ambiguity. One such

instance came in the case of Indian Council for Enviro-Legal Action v. Union of India 22

involving examination of the process of rule-making concerning the coast.

Circumstances that led to the Case

The CRZ Regulations were criticized by hoteliers who claimed that the Regulation would

stifle beach tourism. Consequently, the MoEF constituted an expert committee headed by

B.B. Vohra to examine whether the 1991 notification needed amendment. The Vohra

Committee submitted its report on 31 st December 1991 which led the MoEF to dilute the

CRZ notification on 18 th August 1994. According to the main Notification the no-

development zone for rivers, creeks and backwaters was 100m from the HTL. This was

relaxed to 50m by the amending Notification.

The Indian Council for Enviro-Legal Action (ICELA), a voluntary organisation working

for the cause of environment protection in India, led by M.C. Mehta assailed the

relaxation of the norms. Thus a Public Interest Litigation was filed under Article 32 of the

Constitution.

20 Clause 3(1) and 3(2), CRZ Notification, 1991.21 Supra note 3, p. 478.22 1996 (5) SCC 281.

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Decision of the Court

The Supreme Court critically reviewed the factors responsible for the issuance of the

original Notification and the rationale for the subsequent amendments to the same. The

Court held that the amendment reducing the width of the Zone from 100m to 50m in

respect of rivers, creeks and backwaters was contrary to the object of the Environment

(Protection) Act and was thus illegal. However, the Court did not in clear words direct

the restoration of the original 100m zone.

Strongly criticizing frequent changes effected in the law concerning the coastal

environment, the apex court impressed upon the government the need for proper

preparation and abundant precaution in fashioning rules and regulations and to implementthe same with all seriousness.

S. Jagannath v. Union of India 23, popularly known as the Shrimp Culture Case is

another important Supreme Court judgment on coastal ecology.

Facts of the Case

Shrimps farms along the coast were causing severe environmental degradation- depletion

of drinking water supplies, destruction of mangroves, damage of wetlands and violation

of the rights of traditional fisherfolk. Also an expansion of such industries were sought to

be achieved by replacing the environmentally benign traditional mode of culture by semi-

intensive and intensive methods. Consequently, S. Jagannath, who worked for the

upliftment of the weaker section of society, filed a Public Interest Litigation under Article

32 of the Constitution.

While on one hand the Shrimp Culture Industries contended that shrimp farming earned

foreign exchange for the country from the export of marine products; on the other hand

23 AIR 1997 SC 811.

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the petitioner alleged that the intensive modes of shrimp farming brought serious threat to

environment and ecology.

Decision of the Court

The Supreme Court issued an interim injunction prohibiting the setting up of new shrimp

farms. Also the apex court directed that there shall be an environmental impact

assessment before permission is granted to install commercial shrimp farms.

CONCLUSION

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Having discussed about the problems of marine resource depletion, marine pollution and

degradation of marine environment, the researcher shall now conclude the research by

giving a few suggestions with respect to solving these problems.

Most of the severe environmental degradation is found on common property resources,

which includes oceans, seas, etc. These common resources are free for all and thus

belong to no one. The users of these resources have no incentives for conservation and

sustainable use. This inevitably leads to over-exploitation and degradation of these

resources. This is known as the tragedy of commons.

Thus we see that absence of incentive and motivation to protect and preserve the

resources is a stumbling block in their sustainable management. Environmentalmanagement and protection should not be the concern of the overburdened State agencies

only. Nor can it be left to sporadic judicial interventions. Accordingly every individual

share the responsibility of protecting and preserving environment. Environment

management works when it is done with the active participation of the community as a

whole.

There is an urgent need for increasing the awareness and knowledge on environmental

issues, of the general public, community leaders, administrators and policy makers. The

best safeguard against environmental degradation is an informed population and

grassroots-level organizations of the local communities. Widespread network of Non

Government Organizations (NGOs) and Community Based Organizations (CBOs) can be

the watchdog against environmental ravages and also environmental fundamentalism that

looks suspiciously at all forms of development. Also all major government departments

must consider the environmental implications while taking policy decisions rather than

treating environment as a separate sector.

The Government needs to formulate a comprehensive water policy with clear guidelines

and frameworks. Also there is a need for a comprehensive review of policies regarding

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use of other scarce marine resources from the point of view of promoting sound local

management of these resources.

BIBLIOGRAPHY

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Primary Sources

1. Water (Prevention and Control of Pollution) Act, 1974.

2. Environment (Protection) Act, 1986.3. Coastal Regulation Zone Notification, 1991.

Secondary Sources

1. Maarten Bavinck, Marine Resource Management: Conflict and Regulation in

the Fisheries of the Coromandel Coast , Sage Publications, New Delhi, 2001.2. Shyam Divan & Armin Rosencranz, Environmental Law and Policy in India , 2 nd

Edn., Oxford University Press, New Delhi, 2002.

3. Bibhu Prasad Tripathy, S.A. Karthik, B. Deepa & M.K. Ramesh, Cases and

Materials Concerning the Coastal Environment , Centre For Environmental

Education, Research and Advocacy (CEERA), NLSIU, Banglore, 1999.

4. C.A. Fleming, Coastal Management: Putting Policy into Practice , Thomas

Telford, New York, 1996.

5. Kumar & Kakrani, Water Environment and Pollution , Agrobios (India),

Jodhpur, 2000.

6. R.K. Sinha, Marine & Water Environment , Indian Publishers Distributors, Delhi,

1999.

Electronic Sources

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1. www. wii.gov.in

2. www.nio.org

3. www.envfor.nic.in

4. www.dod.nic.in

5. www.isforum.org

6. www.undp.org.in

7. www.nahd.nic.in

8. www.tn.gov.in

9. www.conservationandsociety.org

10. www.trinet.in

LIST OF CASES

1. Indian Council for Enviro-Legal Action v. Union of India , 1996 (5) SCC 281.

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2. S. Jagannath v. Union of India , AIR 1997 SC 811.