The recent one-day strike by the fishermen community in some coastal states and the demonstration staged near the Parliament House in Delhi are a measure of how incensed the community is over the proposed new Central legislation to regulate marine fisheries in the Indian Exclusive Economic Zone (EEZ). The Marine Fisheries (Regulation and Management) Bill, 2009, the draft of which has been circulated to states prior to its introduction in Parliament, is essentially a broad spectrum Bill to ensure sustainability of fishing resources, and with a focus on coastline security, in the light of the Mumbai terror attack. On enactment, the new statute will annul several clauses of existing marine fisheries laws — the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Marine Zones Act, 1976, and the Maritime Zone of India (Regulation of Fishing by Foreign Vessels) Act, 1981. While some of this is good, there is the problem that the proposed legislation impinges upon state laws that presently govern the regulation and management of fisheries in the coastal and territorial waters (up to 12 nautical miles from the sea shore). The management of the coastal waters has, under the Constitution, been entrusted to the states while that of the rest of the Indian maritime zone to the Union government.
The controversy over the marine fisheries Bill has arisen because it seeks to completely alter a key provision under the old law that allows fishing by Indian citizens in the Indian EEZ. The new legal regime will require all Indian fishing vessels, irrespective of their size, to get a special permit from the Central administration for undertaking any fishing activity outside the territorial waters. What irks fishermen the most is the clause relating to imprisonment and fine of up to Rs 9 lakh for any violation of this rule. Since several smaller fishing vessels, equipped with modern gear, have now begun to routinely venture into relatively deeper waters in search of fish catches, they feel that by restricting them to the over-exploited coastal zone, the new law will hurt their livelihood.
The draft Bill has also fallen foul of the legal profession, security analysts and environmentalists. Some feel it does not adequately address security concerns, while others feel it neglects environmental concerns. Most countries have separate legal instruments for coastal area protection (with a focus on security) and for fisheries regulation (with a focus on environment). The coast guards are not best equipped to deal with fisheries resource management issues. Given the range of criticism, the government may be well advised to revisit the draft Bill and clarify the issues raised by these various groups. The new law must distinguish between coastal communities engaged in small-vessel fishing and deep-sea fishing by ships owned by Indian and foreign companies. The penalty recommended for infringement of the law by small fishermen may be too harsh and needs to be reduced. Finally, issues pertaining to jurisdictional matters between the Centre and the coastal states should be amicably settled.
