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The Tamil Nadu government today opposed two decisions of the central government regarding fishing, saying these could in effect lead to "swamping" by foreign fishing vessels in India's Exclusive Economic Zone and also increase the regulatory burden on domestic fishing fleets.
Chief minister O Panneerselvam said the new Deep Sea Fishing Guidelines issued by the Department of Animal Husbandry Dairying and Fisheries, Ministry of Agriculture, on November 12, 2014, had changed the definition of 'Deep Sea fishing Vessels', reducing the Over All Length (OAL) to 15 metres instead of the OAL of 20 metres as per the original guidelines.
Further, the definition of 'Operator' has been expanded to include 'joint ventures' with up to 49 per cent foreign equity, he told Prime Minister Narendra Modi in a letter.
He said the procedure for engaging foreign crews has also been made easier with the removal of the requirement for prior clearance from the central government.
Further, as per a public notice issued on November 28, 2014, by the same department, issuing Letters of Permission (LOP) has been expanded for Deep Sea Fishing Vessels to conduct fishing in the EEZ which will operate for all vessels with an OAL of 15 metres and above.
Thus, even the existing Indian coastal fishing vessels which are between an OAL of 15 and 20 metres will now be required to obtain LOP which was not required earlier, the chief minister said.
"These decisions could in effect lead to swamping by foreign fishing vessels in India's Exclusive Economic Zone and also increase the regulatory burden on domestic fishing fleets," he said.
The new guidelines will "adversely affect the local fishermen in Tamil Nadu because out of the 5,500 mechanised fishing boats more than 80 per cent are above 15 metres OAL and are engaged in near shore fishing just beyond the territorial waters of India," he said.
Obtaining LOPs from the government and voyage clearances from Indian Coast Guard for each fishing voyage was 'extremely impractical', Panneerselvam said.
He said that the new guidelines 'are per se illegal' because they were contrary to the existing laws since according to the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976, a citizen of India need not get any licence or letter of authority from Centre for fishing in the EEZ.
"The rights granted to an Indian citizen by an Act of Parliament cannot be abrogated by an Executive Order of the Government," Panneerselvam said.
According to the consolidated FDI policy published by the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, no foreign investment was permitted in the Fisheries sector and therefore, the notification dated November 12, 2014, which brings within the ambit of the operator, a joint venture company with at least 51 per cent Indian equity "is not in conformity with the consolidated FDI Policy Circular, 2014," Panneerselvam said.
Fishermen community across India including those in Tamil Nadu were strongly protesting against these, he said, adding Tamil Nadu's stance was that the rights of Indian citizens and fishermen to fish in India's EEZ should not be unnecessarily restricted.
All vessels below an OAL of 20 metres owned by fishermen should be given free access to the Indian EEZ whether they are registered under the State Marine Fishing Regulation Act or by other approved agencies, he said.
"The new guidelines not only restrict the open access of our fishermen in the EEZ, but also set a dangerous precedent of allowing foreign vessels of more than 15 metres OAL under LOPs to compete with our fishermen for resources which need to be conserved for utilisation by our Nation and its citizens," he said.
Panneerselvam requested Modi, among others, to rescind the two guidelines issued last year and "summarily reject" the Dr B Meenakumari Committee recommendations on deep-sea fishing "which are detrimental to the welfare and livelihood propositions of our fishermen".
Further, he said no permission should be accorded to foreign fishing vessels or engagement of foreign crew under the LOP or through any other mechanism to fish in India's EEZ while no joint venture or any other form of agreement with a foreign individual or company should be permitted for undertaking deep sea fishing.
Fishing vessels of length below 24 metres OAL should be 'clearly' defined as coastal fishing vessels and those more than the 24 metres OAL should be categorised as Deep Sea Fishing Vessel.
"I also urge the government not to issue any fresh guidelines for fishing operations in India till a new Fisheries Act is enacted. Before the Bill for the new Act is introduced in Parliament, this should be discussed with the Ministries in charge of Fisheries of the coastal states and a consensus on the bill arrived at," he said.
