Fisheries Legislation in India Dr. Subhendu Datta Pricipal Scientist CENTRAL INSTITUTE OF FISHERIES EDUCATION (Deemed University), Kolkata Centre (Indian Council of Agricultural Research) 32 - GN Block, Sector - V, Salt Lake City Kolkata –700 091(W.B.)
Some aspects of Fisheries policy and legislation in India are discussed here.
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Fisheries Legislation in India
Dr. Subhendu Datta
Pricipal Scientist [[[[
CENTRAL INSTITUTE OF FISHERIES EDUCATION (Deemed University), Kolkata Centre
(Indian Council of Agricultural Research)
32 - GN Block, Sector - V, Salt Lake City
Kolkata –700 091(W.B.)
1
Fisheries Legislation in India Subhendu Datta
Fisheries Legislation in India
Fisheries, a sunrise sector of our economy, plays an important role in the socio-economic
development of India, in view of its contribution to the food basket, nutritional security,
sustainable large foreign exchange earnings, generation of employment and income, besides
stimulating several subsidiary enterprises. Most important, fisheries are a source of livelihood for
a large section of the economically backward population..
Fish production in the country increased from 3.84 million tones in 1990-91 to 6.40
million tones in 2004-05, of which 2.99 million tones were from the marine sector. The growth
rate in marine fisheries in recent years has been slow (an average of 2.32% during 1990-91 to
1999-2000) compared to inland fisheries (average of 8.38% during the corresponding period).
India is the third largest producer of fish in the world and also the second largest producer of
Inland fish. Fisheries sector in GDP is as much as 1.4% equal to 4.5% of the contribution from
agriculture. The share of fisheries exports in agricultural exports is 19.61% equal to 3.12% of the
total exports of our country.
Fishery resources
India is endowed with vast and varied marine and inland fishery resources, an outline of
which is given below:
Marine fishery resources
Coastline : 8,129 km
Exclusive economic zone : 2.02 million km²
Inshore area (< 50m depth) : 0.18 million km²
Continental shelf : 0.50 million km²
Estimated annual production potential : 3.90 million tones
From area within 50m depth : 2.21 million tones
From area beyond 50m depth : 1.69 million tones
Inland fishery resources
Rivers and cannals : 0.20 million km
Area under reservoirs : 3.15 million ha
Tanks and Ponds : 2.25 million ha
2
Fisheries Legislation in India Subhendu Datta
Beels and lakes and dereact water bodies : 0.82 million ha
Brackish-water Area : 1.24 million ha
Estimated annual production potential : 4.50 million tones
Constitution provision
Entry 57 of List 1 of Seventh Schedule of the Constitution specified Fishing and Fisheries
beyond Territorial Waters (12 nautical miles ) as Union Subject, where-as Entry 21 of List 11
speaks of fisheries within Territorial Waters as a State Subject. Reading both the Entries together,
it follows that control and regulation of fishing and fisheries within territorial waters is
the exclusive province of the State, whereas beyond the territorial waters, it is the exclusive
domain of the Union. The Ministry of Agriculture within the purview of its allocated business
helps the coastal States and Union Territories in development of the fisheries within the territorial
waters, besides attending to the requirements of the sector in the EEZ.
Indian fisheries legislations
The need for fisheries legislation was emphasized as long back as in 1873 when the
attention of the then Government of India was drawn towards widespread slaughter of fish, fry
and fingerlings and the urgency to adopt legislative measures to conserve the fisheries resources.
At the time, the Government of India enacted the Indian Fisheries Act, which came into being in
1897.
The Act highlighted the following:
Use of destructive methods of fishing such as dynamiting or other substances in inland
and coastal waters (up to one marine league) was prohibited. Similarly, poisoning of
water with noxious materials was also prohibited.
Provincial governments were empowered to frame rules in selected waters for protection
of fish with previous notification, restricting the creation and use of fixed engines (dams,
weirs, bar pattas etc.) for catching fish ; to put a limit on mesh size, size of fish and catch,
and to ban the fishing in certain seasons and certain places for a period of 2 years
(declaration of closed season and sanctuaries).
Indian Fisheries Act of 1897 and Rules Framed There Under in Various States
The salient features of the Indian Fisheries Act, 1897 are as follows:
3
Fisheries Legislation in India Subhendu Datta
(i) This act may be called the Indian Fisheries Act, 1897.
(ii) it extends to the whole of (British) India, except Burma; and
(iii) it shall come into force at once.
2. Subject to the provisions of sections 8 and 10 of the General Clause Act, 887, this Act shall
be read as supplemental to any other enactment for the time being in force relating to the
fisheries in any part of (British) India except Burma.
3. In this Act, unless there is anything 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
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.
6. (i) The local Government may make rules for the purposes hereinafter in this section
mentioned and may by a notification in the official Gazette apply all or any of such waters, not
being private water, as the local Government may specify in the said notification;
4
Fisheries Legislation in India Subhendu Datta
(ii) The local Government may also by a notification, apply such rules or any of them to any
private water with the consent in writing of the owner thereof and of all persons having for the
time being any exclusive right of fishery therein;
(iii) such rules may prohibit or regulate all or any of the following matters, that is to say:
(a) the erection and use of fixed engines;
(b) the construction of weirs; and
(c) the dimension and kind of the nets to be used and the modes of using them.
(iv) such rules may also prohibit all fishing in any specified water for a period not exceeding two
years;
(v) in making any rules under this section the local Government may
(a) direct that a breach of it shall be punishable with fine which may extend to one
hundred rupees and, when the breach is continuing breach, with a further fine which may extend
to ten rupees for every day after the date of the first conviction during which the breach is proved
to have been persisted in; and
(b) provide for
(i) the seizer, forfeiture and removal of fixed engines erected, or used, or nets used, in
contravention of the rule; and
(ii) the forfeiture of any fish taken by means of 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) (i) 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 his view any offence punishable
under section 4 or 5 or tinder any rule under section 6 –
(a) if the name and address of the person are unknown to him, and
(b) if the person declines to give his name and address, or if there is reason to doubt the
accuracy of the name and address if given;
(ii) a person arrested under this section may be detained until his name and address have
been correctly ascertained.
It is in no doubt, that the implementation of the Indian Fisheries Act, 1897 proves to be an
essential criteria to preserve fish and fishery resources intact.
The Indian Fisheries Act, 897, implemented in different states of India as follows:-
5
Fisheries Legislation in India Subhendu Datta
(a). Restriction on types of gear and Mesh : The minimum mesh size for nets permitted
is 30mm so that smaller fish are not caught. However, nets of smaller meshes are permitted to be
used in the in the marginal areas as in Tilaiya (Damoder Valley Corporation) and some reservoirs
of Andhra Pradesh and Tamil Nadu. In Delhi, since 1948 restriction have been imposed on
fishing except with rod and line, hand line and long line or any other net less than 1.5 inch square
mesh from July 1 to August 30, every year. Mesh regulation is also observed in Manipur,
Andaman and Nicober Islands. In Assam, the sizes of gaps in bamboo fencing used for fishing
have been limited. Restriction have been imposed on the use of certain nets during specified parts
of the year, as well as on the mesh sizes of nets of Assam, Maharastra, M.P., Punjab etc. Form 1st
April to 5 of June drag net of having mesh size of 2.2 inch are not allowed of any water body of
Assam.
(b). Restriction on size of the fish to be caught : Many states have prohibited the
catching of economical fishes having size below 25 cm (average) so that every fish get a chance
to breed at least once in its lifetime. Restrictions are also imposed on the sale of undersized
fishes. In 1956, Punjab state Government prohibited catching of rohu, catla, mahseer and mrigal
smaller than 25.4 cm long. In Delhi, the capture and sale of these species below 20.4 cm in length
has been prohibited since 1948. The state of Uttar Pradesh has prohibited, since 1954, the capture
and sale of fry and fingerlings of major carps, 5. 1-25.4 cm in length from July 15 to sept.30 and
of breeders from June 15 to July 31 in the prohibited areas, except under a license issued by the
proper authority. In M.P. a size limit of 22.9 cm was imposed in 1953, for the capture of rohu,
catla, mahseer and mrigal.
(c). Closed season : Closed season is followed in Bihar, Madras, Jammu and Kashmir,
M. P., Mysore. In all large reservoirs, fishery is closed from June-July to end of September so
that fishes are not hampered during their spawning migrations and allowed to breed, at least,
once. Fishing is closed from 1 July to 15th
September in the entire state of Rajasthan. However,
at Jaisamabad (Rajasthan), there is no restriction with regard to mesh or the fish size and no
closed season is observed.
6
Fisheries Legislation in India Subhendu Datta
(d). Declaration of sanctuaries or protected waters: About 3.2 Km of river stretches
below the dams Mettur, Tungabhadra (Karnataka) and Gandhisagar (M. P.) have been declared as
sanctuaries. Sanctuaries have been declared in Assam, Bihar (river son above and below the
anicut at Dehri and Barun of the Shahabad and Gaya district) and Punjab (specified waters of
Gurdashpur, Hosiarpur and Ambala districts and near the specified bridges). Delhi, U. P., M.P.,
TN., J& K, A.P. also observe restrictions on fishing in prohibited waters. In J & K, prohibition
has been imposed on the extraction of Hakreza, water nuts, aquatic plants and gravel or stones
during the spawning season of fish in reserved and protected waters from November to February
except with the permission of authorities concerned. In Kerala, restriction has been imposed
against attracting prawn into private water except under license. In T. N. fishing is prohibited in
rivers Cauvery, Harangi, Sampaja and Barapole and their tributaries during the period march 15
to June, 1. (In Cauvery river from Cauvery bridge to its confluence with Ellis Surplus channel).
In Haryana, conservation and developmental measures have been adopted in the portions of UhI
river and Lambadug and their tributaries situated in the Mandi district, Pabar river (Rohru
upstream) and Bapsa river situated in the district of Mahasu.
(e). Leasing of lakes and reservoir-s in alternate years: This is followed in Madhya
pradesh. Lakes and reservoirs are leased in alternate years to protect the fish stock in the year
when it is not given on lease.
(f). Prohibition on indiscriminate fishing: In M.P. Madras, Kerala, Haryana, Punjab
and in Delhi fishing by means of fixed engine or construction of weirs are prohibited. (g). Ban on
the use of explosives or poisonous substances : Various states such as U.P. (in 1948), A. P.
(formerly Hyderabad, in 956), Kerala (formerly Travancore-Cochin, in 1950), J &K (1903),
Karnataka (1931), Rajasthan (1953), Kerala (1950), Himachal Pradesh (formerly Bilaspur, in
1951), Delhi (1948), Coorg (formerly Madras, in 1903) banned the use of poisons and explosives
for fishing. In Assam, the pollution of the water by retting of jute had been prohibited since 1953.
Besides these, now some rules are enacted regarding prawn farming by Tamil Nadu government.
These are as follows:
(1). No shrimp farming can be done I the vicinity of the paddy field. The distance of
shrimp farm from the paddy field should be 2 Km.
7
Fisheries Legislation in India Subhendu Datta
(2). To monitor the aquatic pollution from all industries, “may be aquaculture”,
Government of Tamil Nadu has constituted monitoring committee at district level with collector
as Chairman of the monitoring committee and the members of the committee are from various
department viz. Agriculture, Forest, P.W.D., Fisheries and Pollution Control Board.
Constraints and suggestions:
Fishing right: In some of the states fishing rights of notified water (river, canal, reservoir, tanks,
beels etc.) is not vested with the fishery department. These are based by other department like
revenue department (as in Assam state) and by irrigation departments as in Punjab and Haryana).
Marine fishery legislation in the maritime states of India
There are 10 maritime states/union territories in India, viz. Gujrat, Maharshtra, Karnataka,
Goa and Kerala along the west coast, bordering the Arabian Sea; and Tamilnadu,
Pondichery,Andhra Pradesh, Orissa and West Bengal along the east coat, bordering the Bay of
Bengal. The 2 island union territories, viz. Lakshadweep, and Andaman and Nicobar Islands are
situated in the Arabian Sea and Bay of Bengal respectively.
Introduction of small mechanized boats of 9 to 10 m has rapidly caught on since the
1960s, and at present, about 53,000 such boats are operating in the inshore area, engaged mostly
in bottom trawling, gill netting and purse-seining. During the 1970s, purse seining was
introduced for pelagic shoaling fishes like mackerel and sardines. It was in this backdrop that the
scope and possibility to safeguard the interest of traditional fishermen were recognized by the
10th
Meeting of the Central Board of Fisheries held on 22-23 March 1976, at New Delhi. Based
on its recommendations, the Central Government constituted a committee in May 1976, for
examining the question of delimiting the areas of fishing for different types of boats. The
Committee submitted its report in December 1978, with a model Marine Fisheries Regulations
Bill. The model bill was circulated to all maritime states and union territories in 1979 for
enacting suitable legislation.
Various state governments have issued regulations under the Indian Fisheries Act, 1897
for regulation and protection of fisheries. The regulations concerning Indian marine fisheries are
listed below :
(i) The Indian Fisheries Act, No. IV of 1987, Government of India.
(ii) The Indian Fisheries Act as adopted and applied by the State of Saurashtra, 1897.
8
Fisheries Legislation in India Subhendu Datta
(iii) The Mysore Game and Fish Preservation Act 2 of 1901, Government of Mysore
(iv) The Game and Fish Protection Regulation Act 12 of 1914, Government of Travancore (1914)
(modified 1921)
(v) Cochin Fisheries Act 3 of 1917 (modified 1921), Government of Cochin
(vi) Andaman and Nicohar Islands Fisheries Regulation 1 of 1938
(vii) The United Provinces Fisheries Act 45 of 1948
(viii) Government of Travancore-Cochin Fisheries Act 34 of 1950
(ix) The Maharashtsa Fisheries Act 1960 (modified 1962), Government of Maharashtra
(x) The Indian Fisheries (Pondicherry Amendment) Act 18 of 1965
(xi) The Indian Wildlife Act 1972. 2 lb-The territorial waters, continental shelf, EEZ and other
Maritime Zones Act, 1972
(xii) The Marine Products Export Development Authority Act, 1972
(xiii) The Maritime Zones of India (Regulation of fishing by foreign vessels) Act, 1981
(xiv) The Kerala Marine Fishing Regulation Act and Rules 1980 (Act 10 of 1981)
(xv) The Goa Marine Fishing Regulation Act, 1980
(xvi) The Maharashira Marine Fishing Regulation Act 1981, Government of Maharashtra
(xvii) The Orissa Marine Fishing Regulation Act 1981 (Orissa Act 10 o 1982) and the Orissa
Marine Fishing Regulation Rules 1983
(xviii) The Tamil Nadu Marine Fishing Regulation Rules 1983
(xiz) The Karnataka Marine FistJog Regulation Act, 1986
(xx) The Andhra Pradesh Marine Fishing Regulation Act, 1994
(xxi) The Gujarat Fisheries Act, 2003
(xxii) Andaman and Nicobar Marine Fishing Regulation Act, 2003