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R8A-marine Fisheries Policies - TN and PC
R8A-marine Fisheries Policies - TN and PC
R8A-marine Fisheries Policies - TN and PC
Work-Package 2
Fisheries Policy Analysis
November 2011
Disclaimer
The designations employed and the presentation of material in this publication do not imply the expression of any opinion
whatsoever on the part of the Food and Agriculture Organization of the United Nations (FAO) or the World Bank concerning
the legal status of any country, territory, city or of its authorities concerning the delimitations of its frontiers or boundaries.
Opinions expressed in this publication are those of the authors and do not imply any opinion whatsoever on the part of FAO
or the World Bank, or the Government of Tamil Nadu or the Government of Puducherry.
Reproduction
This publication may be reproduced in whole or in part and in any form for educational or non-profit purposes without special
permission from the copyright holder, provided acknowledgement of the source is made. FAO would appreciate receiving a copy
of any publication that uses this publication as a source.
Copyright © 2011 : Food and Agriculture Organization of the United Nations, The World Bank, Government of Tamil Nadu
and Government of Puducherry
Suggested Citation
FIMSUL (2010). Marine Fisheries Policy with reference to Tamil Nadu and Puducherry – An Analysis.
(Authors : Sampath, V. and R. Srinivasan). Prepared for the Fisheries Management for Sustainable Livelihoods (FIMSUL) Project,
undertaken by the FAO in association with the World Bank, the Government of Tamil Nadu and the Government of Puducherry.
Report No. FIMSUL/R8A. FAO/UTF/IND/180/IND. New Delhi, Chennai and Puducherry, India.
This publication is available from https://sites.google.com/site/fimsul/
Printed by
ACE DATA PRINEXCEL PRIVATE LIMITED
Coimbatore, INDIA
Government of Puducherry
Department of Fisheries and Fishermen Welfare
Botanical Garden Premises
Puducherry 605001, India
http://www.pon.nic.in/
PREFACE
Fisheries Management for Sustainable Livelihoods (FIMSUL) is a project implemented by the Food and Agriculture
Organization of the United Nations (FAO) with the Governments of Tamil Nadu and Puducherry in India under
the World Bank trust fund from April 2010 to December 2011.
The project aimed at establishing frameworks, processes and building capacities of various stakeholders especially
the Government to facilitate the planning, design and implementation of appropriate fisheries development and
management policies.
The project included a series of stakeholder consultations and consensus building apart from detailed review and
analysis in the areas of stakeholders, livelihoods, policy, legal and institutional frame work and Fisheries management.
This analysis of the existing status of the Fisheries policies in India and specifically of Tamil Nadu and Puducherry
is the base work along with another document on the Characterisation of marine fisheries under the WP 2 Fisheries
Policy package of the project. This is followed up by separate documents on developing a tool box for policy analysis
and analysing different policy options.
This document is meant for the readers and the FIMSUL team members to understand the current policy situation
and is not meant for recommending options at this stage.
The authors are thanked for the detailed work. We thank Dr. Arthur Neiland for his valuable inputs and the officers
of the Department of Fisheries of Tamil Nadu and Department of Fisheries of Puducherry for providing information
and references as well as for their review and feedback on the document. The FIMSUL team thanks the successive
Secretaries and Director/ Commissioners of Fisheries in Tamil Nadu and Puducherry during the project period for
all the support provided. Thanks to Dr. Ahana Lakshmi for editing the report.
Many thanks to Mr. Rolf Willmann, Senior Fisheries Planning officer, FAO, Rome, the lead technical officer for the
project for his constant guidance and support. The team thanks Dr. Gavin Wall, FAO representative for India, Ms.
Renuka Taimni and other officers from FAOR office New Delhi for all support.
C.M. Muralidharan
National Project Coordinator
Fisheries Management for Sustainable Livelihoods (FIMSUL ) project
FAO of the United Nations
Department of Fisheries, First Floor, Administrative Building
DMS Complex, Teynampet, CHENNAI 600 006
i
FISHERIES MANAGEMENT FOR SUSTAINABLE LIVELIHOODS
2010-2011
National Coordinator : Mr. C.M. Muralidharan
Technical Oversight Expert : Dr. Arthur E. Neiland
Lead Technical Officer – Fao : Mr. Rolf Willmann
LIST OF CONSULTANTS
ii
Executive Summary
At present there is no unified fishery policy in India. However, during 2004, the Government of India notified a
Comprehensive Marine Fishery Policy (CMFP), which seeks a focused endeavour from the coastal states and the
Central Departments with full appreciation of the international conventions in force for conservation, management
and sustainable utilisation of our invaluable marine wealth, without losing its relevance to the food and livelihood
security of the coastal communities which totally depend on this.
The CMFP underscores the need for a departure from the open access concept in the territorial waters. Promoting
exploitation in the deep sea and oceanic waters is the other approach spelt out for reducing fishing pressure in the
traditional fishing areas.
²² Protection, conservation and encouragement of subsistence level fishermen and technology transfer to small
scale sector and infrastructure support to industrial sector.
²² Full compliance with international requirements in post-harvest care of catch so as to achieve highest standards
in food safety.
²² Implementation of international quality regimes for ensuring food safety in fish and fishery products.
Policy therefore, provides for reviewing the existing legal framework for regulating the fishing operations and
introduction of additional legal instruments in areas such as operation of Indian flag vessels in the EEZ, introduction
of new fishing units, ensuring conservation of resources, limited access fishery, fishery harbour management, etc.
There is no unified or comprehensive fisheries policy in any of the States, including Tamil Nadu and Puducherry for
conservation, management and development of marine fisheries. However, in the case of the three maritime States
viz. Karnataka, Kerala, Orissa – draft comprehensive fisheries policies incorporating the marine fisheries policies have
been formulated, which are awaiting approval by the States’ Legislature.
Tamil Nadu
In Tamil Nadu the State Government brings out a Fisheries Policy Note on an annual basis for every Five Year Plan
period, spelling out the objectives, strategies and programmes. At the state level, the current Policy Document is for
2011-2012 which aims at overall development of fisheries and welfare of fishermen community.
The focal point for resolution of conflicts between the traditional and mechanized fishing sectors brought forward
the enactment of Tamil Nadu Marine Fisheries Regulation Act 1983 and Rules there on in 1986, on the basis of the
Model Marine Fishing Regulation Act, 1978, circulated by the Government of India.
iii
Puducherry
The primary objective of Puducherry’s Department of Fisheries and Fishermen Welfare is to ameliorate the poverty
stricken socio-economic status of the fishermen community. With the twin objective of increasing fish production
from both marine and inland water resources and to improve the socio-economic status of fisher folk of the Union
Territory, various development/welfare-oriented schemes are being implemented.
A Marine Fishing Regulation Act (MFRA) 2008 (Act No. 6 of 2008) for protecting the interest of the small-scale
traditional fishermen and mechanised fishermen and for protecting and conserving marine resources of Puducherry
coast has been enacted during 2008 and the Rules thereon have been notified during 2009.
Coastal Fishing Policy is defined by an open access regime, which has given rise to a sector with many entrants
exploiting coastal marine resources to, and beyond, their full potential. The current legal framework provides for
conflict minimization between traditional and industrial sub-sectors, with little emphasis on sustainable management
of the resources.
Deep Sea Fishing Policy is the responsibility of, and developed by the Union Government. The Ministry of
Agriculture, Government of India, has been paying due attention to the development of deep-sea fishery in the
country.
The first deep-sea policy was announced by Government in 1977, providing for chartering arrangements with
foreign operators, which was followed by a Charter Policy in 1981 for introduction of sophisticated foreign fishing
vessels for promotion of deep sea fishery. The Government revised the policy in 1986 to rectify the deficiencies
noticed during its operation and to make it more beneficial to the country and a revised 1986 Charter Policy was
pronounced. Having laid the foundation for the Indian deep sea fishing industry, the government went ahead to
broad base the initiatives through 1991 Deep Sea Fishing Policy which envisaged joint venture, test fishing and
leasing besides allowing the vessels chartered under 1986 policy to continue till the validity of their permits lasted.
In late 2002, a new set of Guidelines for deep-sea fishing was announced by the Government. The focus now lies
on the registration status of vessels, rather than mode of acquisition of vessels under charter arrangements and joint
ventures - as the earlier policies did.
The present Comprehensive Marine Fishery Policy of 2004, announced by the Ministry of Agriculture, envisages
promoting exploitation of deep sea and oceanic waters through industrial fishing for reducing fishing pressure
in the traditional fishing areas, motorisation of about 50% of traditional craft allowing the remaining to carry
on subsistence fishing in the near shore waters, encouraging small-mechanised sector by providing incentives for
acquisition of multi-day fishing units, encouraging introduction of more resource specific deep sea fishing vessels
(imported) of above 20 m length, mainly for tuna fishing and squid jigging, promoting joint venture for fishing in
the EEZ by fully Indian owned companies, etc.
The present policy initiatives of the States are too general and have not been helpful either in increasing the fish
productivity and production or in tackling the growing discontentment among the fishers across the country.
In summary, fisheries policies in India have been developed with few linkages between the sectors, based on outdated
and fragmented legislation at the National and State level, and have generally focused on increased production with
little emphasis on conservation, sustainability or responsible fisheries management.
iv
Institutional arrangements
The Department of Animal Husbandry, Dairying and Fisheries (DAHD&F) in the Ministry of Agriculture,
Government of India is the nodal agency for management and development of the fisheries in the country. They are
also the owners of the Comprehensive Marine Fisheries Policy.
Legal Framework
The various facets of marine capture fisheries and marine habitat fall under the responsibility of several agencies and
Ministries, at both the Union Government and State levels.
There are no legal provisions in place below State level to legislate for fisheries management at the local level. The
current legal framework for fisheries hinges on a series of Acts that do not directly deal with, or simply fail to
mention the sustainable management of fisheries resources proper.
Since maritime States are responsible for marine fisheries legislation within the territorial sea, States proceeded to
develop their own Maritime Fishing Regulation Acts and Rules.
The absence of such supporting fisheries management legislation leaves the executive arms of Ministries and
Departments at Union and State levels in a considerable legal void, when it comes to the planning and implementation
of responsible fisheries management activities.
The National Environment Policy as well as two important legislations viz. Coastal Regulation Zone Notification
1991 and Wildlife Protection Act 1972 have major influence on fisheries and fishers’ livelihoods.
The existing fisheries policies and programmes in most of the States and Union Territories revolve around populist
welfare measures and a large part of the annual Plan budget goes towards the welfare programmes. Invariably the
fisheries policies of both the Central and State Governments have been designed, developed and implemented
without involving the process of stakeholder consultation.
v
Abbreviations and Acronyms
CII Confederation of Indian Industry
CMFP Comprehensive Marine Fisheries Policy (of India)
DAHD&F Department of Animal Husbandry, Dairying and Fisheries
DfID-UK Department for International Development -United Kingdom
EEZ Exclusive Economic Zone
EU European Union
FAD Fish Aggregating Devise
FAO-UN Food and Agriculture Organisation of the United Nations
FIMSUL Fisheries Management for Sustainable Livelihoods
GMP Good Management Practices
GOI Government of India
GoO Government of Orissa
HACCP Hazard Analysis and Critical Control Point
HSD High Speed Diesel
ICAR Indian Council of Agricultural Research
LOP Letter of Permit
MFRA Marine Fishing Regulation Act
MSP Multi-stakeholder Process
MOA Ministry of Agriculture
NDC National Development Council
NFF National Fishworkers’ Forum
NREGS National Rural Employment Guarantee Scheme
OAL Overall Length
OMFRA Orissa Marine Fishing Regulation Act
PC Puducherry
PFZ Potential Fishing Zone
PPP Private-Public Partnership
SC&ST Scheduled Caste and Scheduled Tribe
SHGs Self-Help Groups
TN Tamil Nadu
UNDP United Nations Development Programme
UT Union Territory
VMS Vessel Monitoring System
WTO World Trade Organisation
vi
Contents
Preface.............................................................................................................................................................. i
List of Consultants......................................................................................................................................... ii
1 Background . ............................................................................................................................................................................... 1
4 Review of the Central/State level Fisheries Policies with respect to the Gaps in these policies.................................................. 16
6.1 Discussion..................................................................................................................................................................... 23
6.2 Conclusion.................................................................................................................................................................... 24
Literature Cited......................................................................................................................................................................... 25
vii
viii
1. Background
1. Background
The Fishery Policy notes/documents collected from various sources such as the Central and State Governments and
those down loaded from the respective websites, were studied/reviewed, analysed, compiled, edited and presented
in this report. The criteria for analysis, interpretation and comparison of the policy initiatives, include the processes
involved in fishery policy development such as a wider stakeholder consultation, identification of the essential
elements of the policy initiatives with respect to fisheries management and development, their application for
achieving sustainability in fisheries, ensuring livelihood and food security of the fishers and improving their socio-
economic status and augmenting national income. The collected and compiled data/information is presented in this
report, under the following heads:
• Review of the Central/State level Fisheries Policies with respect to the Gaps in these policies.
• Discussion
• Conclusion
• Bibliography
The information provided in this document encompasses the objectives of the fisheries policies; the priority areas
for the policy; coverage of policy – especially the marine fisheries; the policy instruments proposed and used;
performance and impact of the policies; responsibility for design, development and implementation of the policy;
changes in the approach/priorities over a period of time; relationships with other policies; etc.
1
Marine Fisheries Policy with reference to Tamil Nadu and Puducherry - An Analysis
The marine fishing policy announced by the Govt. of India in the past focused only on the developmental needs of
the deep-sea sector, leaving aside similar issues pertaining to the coastal sector to the respective marine states/ UT’s.
Even though substantial assistance was channelised through Central and Centrally Sponsored Schemes in to the
States/ UT’s for the development of coastal fisheries, non-existence of an integrated policy for this sector was found
to hamper fulfilment of the national objectives.
Relevance of the Marine Fisheries Sector extends beyond the livelihood security of the large coastal population to
the food security and foreign exchange generation. The potential of the sector for employment generation through
ancillary activities and empowerment of coastal womenfolk is significant. 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. Concerns over this in the international
fora have given rise to conventions and procedures that are to be strictly implemented by the Governments and
meticulously practiced by the stakeholders so as to ensure sustainability in fisheries.
This necessitated the constitution of the Expert Committee to develop a comprehensive marine fisheries
policy, during late 2003 by the Ministry of Agriculture, under the chairmanship of Dr. K. Gopakumar, Former
Dy. Director General, (Fisheries), Indian Council of Agriculture (ICAR), New Delhi. The Members of this Task Force
included the Joint Secretary in the Ministry of Food Processing Industries; Dr. S. Ayyappan, Dy.Director General
(Fisheries), ICAR; Mr. M.K.R. Nair, Fisheries Development Commissioner, Govt. of India; Dr. V.S. Somvanshi,
Director General, Fishery Survey of India, Mumbai, Director General (Shipping) in the Ministry of Shipping; and
the Director General, Coast Guard.
The effort of the Central Government in this regard resulted in this Comprehensive Marine Fishing Policy document
which seeks a focused endeavour from the coastal States and the Central Departments with full appreciation of the
international conventions in force for conservation, management and sustainable utilization of our invaluable marine
wealth, without losing its relevance to the food and livelihood security of the coastal communities which totally
depend on this.
It is significant that the new policy was pronounced during the initial years of the X Five Year Plan, the elements
contained therein could be gainfully used by the implementing Departments in the Central and State Governments
to reach the benefits to the stakeholders.
In the present policy the Government seeks to bring the traditional and coastal fishermen also into the focus together
with stakeholders in the deep-sea sector so as to achieve harmonised development of marine fishery both in the
territorial and extra territorial waters of India. The theme of comprehensive marine fishing policy is enshrined in the
National Agriculture Policy promulgated by the Government (Nair, 2005).
2
2. Fishery Policy of India - An analysis
The policy objectives are: (1) to augment marine fish production of the country up to the sustainable level in a
responsible manner so as to boost export of sea food from the country and also to increase per capita fish protein
intake of the masses, (2) to ensure socio-economic security of the artisanal fishermen whose livelihood solely depends
on this vocation. (3) to ensure sustainable development of marine fisheries with due concern for ecological integrity
and biodiversity.
The policy underscores the need for a departure from the open access concept in the territorial waters (MOA, 2004).
Promoting exploitation in the deep sea and oceanic waters is the other approach spelt out for reducing fishing
pressure in the traditional fishing areas.
Exploitation of living resources within 50 m depth zone is showing symptoms of depletion and in certain belts in
the inshore waters it tends to cross optimum sustainable levels. The policy therefore, advocates:
²² Protection, conservation and encouragement of subsistence level fishermen and technology transfer to small
scale sector and infrastructure support to industrial sector. The Policy envisages motorisation of about 50% of
traditional craft allowing the remaining to carry on subsistence fishing in the near shore waters.
²² Full compliance with international requirements in post harvest care of catch so as to achieve highest standards
in food safety.
²² Implementation of international quality regimes for ensuring food safety in fish and fishery products.
Fishing is the sole livelihood for about 10 lakh fishermen households along the coastline and this policy attaches top
priority to ensuring their social security and economic well being.
The effect of environmental factors on the health of living resources will receive increased attention in tune with
the international awareness on the issue. For this purpose, the agencies responsible for legislation relating to
environmental pollution will be urged to implement them more stringently so that the impact of pollution on
fisheries can be minimised.
Development of infrastructure for marine fisheries is of vital importance. The policies in this direction are as follows:
• Drawing up a master plan for the development of infrastructure for the next ten years.
• Trying alternatives to the present system of financing of the infrastructure projects by the centre and the state
with cost sharing. Exploring the possibilities of Build-Operate-Own and Build-Operate-Transfer systems through
private sector initiative.
• A detailed study on management of most of the facilities already created which calls for improvements in terms
of internal resource generation, maintenance and upkeep, would be undertaken and suitable central legislation
would be introduced if found necessary.
An enabling legal framework is an essential pre-requisite for proper management and control of fisheries sector. As
at present the subject of fisheries is in the state list under article 21 of the Indian Constitution, management and
control of coastal fisheries is vested with the maritime states and union territories. The Policy therefore, provides
for reviewing the existing legal framework for regulating the fishing operations and introduction of additional legal
instruments in areas such as operation of Indian flag vessels in the EEZ, introduction of new fishing units, ensuring
conservation of resources, limited access fishery, fishery harbour management, etc.
Areas such as use of information technology, strengthening of database in marine fisheries, Human Resource
Development, eco-labeling of marine products, would also be paid needed attention.
3
Marine Fisheries Policy with reference to Tamil Nadu and Puducherry - An Analysis
4
2. Fishery Policy of India - An analysis
2.2.3 Gujarat
There is no exclusive marine fisheries policy in Gujarat. The new Gujarat Fisheries Act enacted in 2003, however,
is an effort to develop fisheries in general and in the coastal areas of Gujarat in particular (agri.gujarat.gov.in/hods/
commi_fisheries). Under the Act, registration of vessels, registration of ancillary industries such as boat building,
processing plants, ice factories, etc., has been made compulsory. The Licensing Officer is vested with the powers
to divide fishing grounds into divisions and allot fishing quotas. The Act prescribes zones for fishing by traditional
and mechanized fishing operations in order to avoid conflicts between the two sectors, mesh size regulation for
different types of nets including gill nets and trawl nets. The Act prohibits collection of juveniles and baby fishes,
industrial pumping of sea water, destruction of mangroves, exploitation of the species/protected animals under
Wildlife Protection Act, 1972, etc. However, the Act still does not explicitly address the key issues of sustainable
management of the marine fishery resources.
2.2.4 Karnataka
The Karnataka State Government has recently developed a draft Fisheries Policy and posted it in their website for
comments (www.karunadu.gov.in/Fisheries). The processes involved in developing this draft fisheries policy are not
clear. Salient features of this draft fisheries policy pertaining to marine fisheries sector are given below:
The major Objectives of the proposed Fisheries Policy are:
• Enhancement of the fish production.
• Poverty alleviation through creating self-employment and improvement of socio- economic conditions of the
fishers:
• Fulfilling the demand for animal protein,
• Achieving economic growth through earning foreign currency by exporting fish and fisheries products;
• Maintaining ecological balance, conserving biodiversity, ensuring public health and providing recreational
facilities.
5
Marine Fisheries Policy with reference to Tamil Nadu and Puducherry - An Analysis
To ensure sustainable development of marine fisheries with due concern for ecological integrity and marine
biodiversity
The scope for increasing capture fisheries’ production from the coastal waters is limited. To sustain its present
level, efforts will be directed towards resource enhancement programmes such as sea-ranching and eco-friendly
mariculture. Effective implementation of fishing regulations also will be given priority. A rational approach to match
the fishing capacity with maximum sustainable yield has to be evolved. The following policy interventions have been
suggested in the draft policy to accomplish this task:
• Registration of all vessels irrespective of size or type will be made mandatory. The licenses issued will be limited
to control over-fishing.
• Proper execution of fishing ban in the State as per the Marine Fishing Regulation Act.
• Mesh size regulations will be formulated in consultation with research institutes and stake holders and a policy
for its implementation will be formulated.
• Formulate Conservation / Management measures for endangered species in consultation with primary
stakeholders, concerned agencies and institutions.
• Harvest of fish and shrimp by the trawlers in the shallow coastal areas (within 40- meter depth) will be banned.
• Effective implementation of FAO’s Code of Conduct for Responsible Fisheries
6
2. Fishery Policy of India - An analysis
• Prevent indiscriminate dumping of toxic materials, industrial effluents and sewage through greater penal action
against offenders.
• Encourage national awareness of the need for preserving the environment.
7
Marine Fisheries Policy with reference to Tamil Nadu and Puducherry - An Analysis
2.2.5 Kerala
The draft fisheries policy of the Government of Kerala provides the blue print of the action plans for the developments
in the sector and the welfare activities envisaged for the next twenty five years (Anon, 2005/www.fisheries.kerala.
gov.in).
To ensure international standards in cultivation of fish, and the quality of fisheries products in the background
of the liberalised market system that came into being as per the World Trade Treaty, the fish landing centres and
fishing harbours shall be maintained according to international standards. Government will give priority to export
of fisheries products, to let the products from Kerala to compete in the International markets, and production of
Value Added Products. Further Government will facilitate private investment in the field of installation of ice plants,
cold storages, etc.
The ban on trawling during the monsoons in Kerala to ensure protection of the fisheries wealth will be implemented
with the co-operation and backing of all sectors in this field. Registration with the Kerala State Fisheries Department
will be made compulsory for all boats fishing in the seas near the coast of Kerala State.
Controls will be enforced on boats utilising the ring-seine regulating the size of the boats, and weight and size of the
nets. Government will ban mini-trawling in utilising country boats in areas where traditional country boats operate.
This ban will be made applicable to pair trawling also.
Marine fish wealth of the Kerala seas will periodically be assessed. Steps will be initiated to strengthen the
Enforcement of the Kerala Marine Fisheries Regulation Act. For ensuring the security and safety of the fishermen at
sea Programmes for supply of walkie-talkies/communication devices will be introduced.
A time-bound-Programme to provide houses to actual fishermen will be launched. Efforts will be made to provide
sanitation facilities in all fishing villages. Steps will be taken to install solar lamps in fishing villages where electricity
is yet to reach.
Since basic data is of vital importance for planned development of the sector, a website on the Fisheries sector will
be launched.
The Government will go for legislation to protect common water sources from the threat of pollution.
For preventing the fish wealth from extinction and for ensuring the growth on a large scale, steps like creating
artificial reefs in the sea, will be taken up.
Taking into account the incidence of unemployment among the women of the fishing communities, small self help
groups of such women will be organised and job-oriented training imparted to them.
A special literacy programme concentrating on fishing villages will be launched. The women’s associations of the
community will be provided with assistance for organising activities for empowerment of women.
Special projects will be launched for providing safe drinking water in fishing villages. Projects to harvest rain water
will be implemented. The schemes to provide incentives for the education of the children of the fisher folk will be
extended to cover the occasional courses and other services in self-financing institutions also. Steps will be taken to
bring down the rate of drop-outs belonging to this community from schools.
Voluntary organisations working for this will be promoted. Many of the girls are compelled to stop education and
act as baby sitters where both the parents have to go to work. To solve this problem, child care centres will be opened
in the fishermen’s villages.
2.2.6 Maharashtra
The main objectives of the policy of the State Government are to optimise the fish production from available and
new water resources by extending the area of operation and by increasing productivity, to impart educational and
occupational training to the fishermen and to ameliorate the socio-economic conditions of the fishermen who form
the weaker section of the society (Maharashtra Fisheries Development Corporation Limited, 2002).
8
2. Fishery Policy of India - An analysis
2.2.7 Orissa1
At present there is no unified/comprehensive fishery policy in Orissa. The Orissa Agriculture Policy-1996 under
Chapter-III spelt out the State Fisheries Development Policy, for the five year period ending 2001 (Orissa Reference
Annual 2005, http://orissa.gov.in/e-magazine/orissaannualreference/ORA-2005/pdf/state_agriculture.pdf ). Salient
features of this short-term policy were as under :
• Increase fish production by following scientific method of culture;
• Assist fishermen for more effective fishing;
• Speed up fishing operations in the deep sea;
• Impact technology both for culture and capture fishermen and fish farmers;
• Establish fish feed mills required for culture of fish and prawn.
Under the DfID funded Project titled “Supporting Development of Strategies for Enterprise Promotion and
Sustainable Livelihoods in the Fisheries Sector in Orissa”, a Vision 2020 document and a draft Fisheries Policy
document for Management and Development of Fisheries in Orissa were prepared, which is presently under active
consideration of the Government of Orissa.
The major objectives of the policy are:
²² To facilitate formulation of a Comprehensive Fishery Policy for the state of Orissa and a Vision Document; and
²² To develop strategies for promotion of enterprise and livelihood security in fisheries sector in close collaboration
with all key stakeholders.
The policy initiatives spelt out in this policy statement are based on the national and international commitments and
requirements and framed in consultation with a cross section of stakeholders at various levels from the administrators,
planners, fishery experts, NGOs, fishery associations, exporters to those at the grass root level – fisherfolk and fish
farmers (Government of Orissa, Draft Fisheries Policy, November, 2007).
The key elements of the fishery policy, covering the entire gamut of capture and culture fisheries in inland, brackish
water and marine environment, infrastructure, post-harvest and market support, socio-economic aspects of fishers
and related issues are as follows:
Policy Area 1 : Sustainable management and development of fisheries
Policy Area 2 : Inland fisheries
Policy Area 3 : Sustainable coastal aquaculture
Policy Area 4 : Marine capture fisheries
Policy Area 5 : Post-harvest Infrastructure support & marketing
Policy Area 6 : Safety of fishermen at Sea and welfare of fishermen
Policy Area 7 : Supplementary nutrition
Policy Area 8 : Entrepreneurship development & Self Employment
Policy Area 9 : SC/ST in fisheries
Policy Area 10 : Co-management and Community involvement in fisheries management
Policy Area 11 : Planning
Policy Area 12 : Fiscal Incentives
Policy Area 13 : Information, Education and Capacity building and awareness
9
Marine Fisheries Policy with reference to Tamil Nadu and Puducherry - An Analysis
Under the Policy Area Sustainable Management and Development of Fisheries, the following prescriptions have
been suggested: “Fisheries are managed and developed to promote socially, economically and environmentally
sustainable use and development of the resources so as to meet the needs of present generations without compromising
the ability of future generations to meet their needs and to improve livelihoods and alleviate poverty in fishing
communities, taking account of the special needs of women, youth and other disadvantaged groups. The existing
approaches to the control of access to fisheries are reviewed to ensure the equitable use of fisheries resources by those
who are most dependent on them, improvements made and requisite legal framework put in place.”
Under the Policy Area Marine capture fisheries, the policy proposes the following: “The guidelines and provisions
of the Comprehensive Marine Fisheries Policy (2004) of the Central Government which advocates protection and
conservation of the resources, encouragement of subsistence level fishermen and technology transfer to small-scale
sector and infrastructure support to industrial sector, are adopted.
Due attention be given for the use of information technology, strengthening of database in marine fisheries, Human
Resource Development, etc.
Collection of reliable statistics on marine fisheries and related aspects using standardized methodologies will be given
due importance with a view to make a reliable assessment of marine fishery resources and the fishery potential.
To offset the burden on the small-scale fishermen and make the fishing operations economically more viable,
introduction of lead boat/mother vessel concept is encouraged for fully utilising the PFZ forecasts for fishing in the
predicted zones, which will help in reducing the search time for fish leading to saving of fuel.
For reducing fishing pressure in the traditional fishing areas, resource specific fishing in the offshore areas is to be
promoted, by refurbishing the existing trawlers and by designing and introducing new fuel efficient intermediate
fishing craft.
For protecting the turtle breeding grounds and the fishermen dependent on the fishery resources in the protected
areas for their subsistence, the fishers be encouraged to take up alternate employment and income generating
activities through skill upgradation and the nesting grounds are demarcated leaving the rest of the coast line in the
sanctuary areas to the fishermen for innocent activities.
The policy underscores the need for a departure from the open access concept in the territorial waters by putting a
cap on the number of fishing vessels operating in the territorial waters along Orissa coast, besides putting in place
stringent management regimes, for sustaining fish production from the Orissa’s coastal and offshore waters.
10
2. Fishery Policy of India - An analysis
It is advocated that the provisions of OMFRA be strictly enforced and a stringent fishery management system
put in place. The restriction of fishing effort in the territorial waters of Orissa will be in the form of restriction
in the number of vessels, number of days or hours at sea, engine power, size of the fishing gear and mesh size,
prolonged seasonal closure to allow recovery of over-fished species, prevention of fishing juveniles and spawners
during breeding/spawning season, reduction in fishing pressure on over-exploited fishery resources such as shrimp,
including mother shrimp, etc., for which appropriate enforcement measures/mechanisms are introduced.
A sound monitoring, control and surveillance system including the Vessel Monitoring System (VMS) as advocated
by the Central Government on the lines of international instruments, be implemented to check intrusion of fishing
vessels of the neighbouring states into coastal waters of Orissa and illegal, un-restricted and un-regulated fishing”.
The Policy on Safety of fishermen at Sea and welfare of fishermen includes the following:
“The fisher community be provided with the requisite navigational and communication instruments, early warning
about the cyclone, tsunami, storm surge, floods, etc., through the PFZ digital display boards, media and other easily
accessible means for ensuring safety of the fishing community both at sea and land”.
“Issues on education of fishermen / women, vocational training on improved fisheries techniques, health including
provision of specialised health care facilities and health insurance for fishing community, sanitation and social
security issues, resettlement and rehabilitation of coastal marine fishermen, extension of saving-cum-relief scheme,
housing, group accident insurance scheme to the fishing (inland and marine) community, alternate livelihood
options and grant of social benefits to migratory fishermen and those fishermen without land holding, are given
adequate importance”.
The Policy on Co-management and Community involvement in fisheries management spells out the following:
“Recognising the role of the Government in establishing conditions for co-management in fisheries, legitimacy and
accountability for the local organisations and institutional arrangements will be created”.
“The Government will strive to create the necessary enabling environment to promote the establishment of
fisheries management institutions at local government and community levels to ensure the effective participation
of stakeholders in the fisheries sector; permit communities to engage in fisheries management and development
activities in accordance with national policies and guidelines; ensure the provision of appropriate support services
to fisheries management institutions at village community levels; and train government officials in the principles,
practices and benefits of co-management”.
The Policy also places adequate importance on information, education and capacity building among the fishers and
fisheries personnel, environmental concerns relating to fisheries and some of the support needs for implementing
the policy such as Public-Private partnership, fisheries cooperatives, equity and gender related issues, investment and
research needs, institutional and organizational arrangements, legal framework monitoring and evaluation, etc.
11
Marine Fisheries Policy with reference to Tamil Nadu and Puducherry - An Analysis
12
3. Marine Fisheries Policy of Tamil Nadu and Puducherry – A Review
• To conserve the fishery wealth of the State and manage the resources for sustainable fish production.
• To encourage fishers to focus on the underutilized fishery resources and to reduce fishing pressure in the inshore
areas.
• To strengthen the infrastructure facilities for fish landing and marketing.
• To uplift the socio-economic status of the fishers.
• To promote sustainable, eco-friendly aquaculture practices.
• To generate rural employment opportunities in Fisheries and allied activities.
• To promote Exports and thereby increase foreign exchange earnings.
During 2002, the Government of Tamil Nadu announced the Fisheries Development Mission, which is “To manage,
protect, enhance and develop fisheries and aquaculture in the interest of economy and general wellbeing of the State,
consistent with the sustainability principles, and to provide economic, environmental, livelihood, nutritional and social
benefits to our society”.
The 15 point Programme announced during 2002, includes the objectives of improving fish production and
biodiversity in the inland and marine waters and thereby improving the social and economic status of the poor
fishermen and fish farmers.
The major objectives of the Mission (Tamil Nadu Fisheries Mission document, 2002) relating to marine fisheries
sector are:
• To optimally utilise the coastal areas for productive utilisation and livelihood support for rural poor.
• To enhance marine fish stocks through sea ranching and setting up of artificial reefs along the coast.
• To reduce post-harvest losses and improve the landing and berthing infrastructure for marine fishermen.
• To ensure the safety of artisanal and small-scale fishermen at sea.
• To generate employment opportunities for fisherfolk.
• To enable fishermen to get remunerative prices for their harvest through improved marketing infrastructure.
• To provide nutritional and food security to the population through increased availability of fin and shellfishes.
• To ensure the quality of fish and fish products and create awareness among consumers.
The Vision for Fisheries Development in Tamil Nadu by the year 2015 is “Continuously improving our knowledge
and understanding of the fisheries resources, their conservation, management and development. Developing socially and
economically viable fisheries. Integrating emerging technologies and products, for developing environmentally sound capture
and culture fisheries. Providing hygienic and safe fish and fish products to consumers. Ensuring the safety and wellbeing of
the fisherfolk.”
The following are the major thrust areas identified in the marine fisheries sector for implementation during the XI
Five Year Plan (2007-2012):
• Develop fishery resources and potential including alternate livelihood programme to improve the economic well
being of the fishers.
• Modernize and equip all the Fishing Harbours and Fish Landing Centres in accordance with the guidelines
of Export Inspection Council, Government of India, to satisfy Hazard Analysis and Critical Control Point
(HACCP) norms to avail opportunities under the World Trade Organisation (WTO) regime.
• Empower fish producers to compete both in domestic and international markets.
13
Marine Fisheries Policy with reference to Tamil Nadu and Puducherry - An Analysis
• Facilitate organized market network and modernize domestic fish markets including cold chain facility.
• Conservation of fishery resources, enhancement of resources, reduce overcapitalized fishing efforts.
• Modify policies to achieve conservation and diversification efforts.
• Encourage alternate livelihood support programmes through skill upgradation and professional training to
fishers.
• Identify vulnerable areas and prepare a comprehensive plan for disaster preparedness and mitigation.
• Develop aquarium and Oceanarium for the promotion of fisheries tourism.
Tamil Nadu’s MFRA was enacted in 1983 and has as its objective “To provide for the regulation, restriction and
prohibition of fishing by fishing vessels in the sea along the holder part of the coast line of the State.” It defines the area
within 3 nautical miles as that for traditional craft and beyond 3 NM for mechanized craft. According to the MFRA, a
fishing vessel is defined as a ship or boat, whether or not fitted with mechanical means of propulsion, which is engaged in
sea fishing for profit and Mechanized fishing vessel means a vessel 15 to 120 HP, between 8 to 15 m length” and “Deep
sea fishing vessel means any vessel above 120 HP and above 15 m in length.”
3.2 Puducherry
There is no exclusive fishery policy in the Puducherry Union Territory. The primary objective of Puducherry’s
Department of Fisheries and Fishermen Welfare is to ameliorate the poverty stricken socio-economic status of the
fishermen community. “In order to achieve this task, the government is striving to formulate a sustainable approach
to exploit as much of the untapped fisheries resources of the deep sea off Puducherry and uplift the socioeconomic
status of the coastal fishers to the maximum possible extent” (Citizen’s Charter, Puducherry Govt. Website).
Various development & welfare oriented schemes are implemented with the objectives of augmenting marine,
freshwater and brackish water fishery production and also for uplifting the socio-economic status of the fisher folk
with due focus on safeguarding the interest of all sectors of fisher folk and for conserving the fishery resources on
a sustainable basis. Special thrust has been focused to accomplish the above goals through successive plan periods.
As a result of it, the socio-economic status of the fishermen has improved considerably. After tsunami, more
concentration has been given to alternate livelihood in order to accentuate their standard of living and also to create
an awareness on and adaption to climate change. Strengthening of coastal security, online registration of fishing
vessels and issue of biometric identity cards to fisherfolk are some of the other important programmes being taken
up for implementation.
14
3. Marine Fisheries Policy of Tamil Nadu and Puducherry – A Review
For effective and judicious exploitation of vast and rich fishery resources from marine and inland waters and to
minimise the burden of the fishermen on the procurement of fishery requisites like nets, ropes, floats, sinkers, nylon
twine, fish containers, ice boxes and other requisites, necessary financial support and incentives are being provided.
(Personal communication from Directorate of Fisheries, Puducherry).
A Marine Fishing Regulation Act for protecting the interest of the small-scale traditional fishermen and mechanised
fishermen and for protecting and conserving marine resources of Puducherry coast has been enacted during 2008
and the Rules thereon have been notified during 2009. The Puducherry Marine Fishing Regulation Act, 2008 (Act
No. 6 of 2008) provides for “the regulation of sea fishing by vessels in the territorial waters of the Union Territory
of Puducherry and for the matters connected therewith”. The Act under Chapter II has powers to regulate, restrict
or prohibit,
²² The fishing in any specified area by such class or classes of fishing vessels as may be prescribed; or
²² The number of fishing vessels which may be used for fishing in any specified area; or
²² Catching in any specified area of such species of fish and for such period as may be specified in the notification;
or
²² The use of such fishing gear in any specified areas as may be prescribed; or
²² Fishing in any specified area during such period of day or night as may be prescribed.
The Act also provides for restricting the fishing operation of the mechanized fishing crafts within 3 nautical miles
from the coastline, for protecting the interest of the traditional fishers; licensing of fishing vessels; prohibiting the
use of fishing vessels not licensed; registration of fishing vessels, boat building yards, etc.
The Government of Puducherry has also imposed a ban on fishing for a period of 45 days from 15th April to
31st May every year, since 2001 covering Puducherry, Karaikal and Yanam. In Mahe, which is in the west coast,
the fishing ban is effective from 15 July to 31st August every year. These measures have been taken in line with the
provisions of the Code of Conduct for Responsible Fisheries.
The Confederation of Indian Industry (CII) has developed a Puducherry Vision 2025 document which outlines
the Vision for Agriculture, Fisheries and Rural Development. The Vision 2025 as outlined in this document is
“Puducherry should emerge as a centre for innovative, collective, high value agriculture sustaining its area under cultivation
while substantially increasing the value of the agricultural produce” (CII, 2010. Puducherry Vision 2025). The
Developmental agenda for fisheries sector, spelt out in this Vision 2025 document includes:
²² Value addition through fish processing, branding and marketing, as a means of developing alternative revenue
source and value addition;
²² Initiating skill building activities for branding and marketing among SHGs, building life skills among fishermen
and families.
The literacy rate in fishermen in Puducherry is low at about 27% and fishing techniques are traditional. Puducherry
should inculcate life skills among fisherfolk through skill building measures on modern fishing techniques and
encouraging children of fisherfolk to pursue education without dropping out.
Steps and Metrics :
²² Awareness building and skill building on modern fishing techniques to be conducted for fisher folk.
²² Awareness and counseling programmes which encourage children of fisher folk to take up further schooling and
higher education should be conducted.
²² Establish market linkages with buyers and sellers for better prices.
15
Marine Fisheries Policy with reference to Tamil Nadu and Puducherry - An Analysis
16
4. Review of the Central/State level Fisheries Policies with respect to the Gaps in these policies.
Once again the focus of the deep-sea fisheries policy was increased production. On realisation that most of the deep
sea fishery resources 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 inducted into
the fishery and mobilisation of capital and expertise indigenously to achieve this was found difficult in short span
of time, the Government addressed this issue in 1981 Charter Policy. This was attempted through a series of joint
ventures that have not been particularly successful. The 1981 Maritime Zones of India (Regulation of Fishing by
Foreign Vessels) Act requires 60 percent of capital to be held by Indian citizens in joint venture companies, and an
obligation to train Indian fishermen.
The Government revised the policy in 1986 to rectify the deficiencies noticed during its operation and to make it
more beneficial to the country and a revised 1986 Charter Policy was pronounced. Having laid the foundation for
the Indian deep sea fishing industry, the government went ahead to broad base the initiatives through 1991 Deep
Sea Fishing Policy which envisaged joint venture, test fishing and leasing besides allowing the vessels chartered under
1986 policy to continue till the validity of their permits lasted. From the beginning of 1994, the Deep Sea Fishing
Policy was being criticised by various fishermen groups, mechanised fishing vessel owners, fish processors and others.
In these circumstances, the government appointed a committee to review the deep sea fishing policy, which
submitted its report in 1996. The government with minor modifications accepted all the 21 recommendations of this
Committee. On the basis of these recommendations and under pressure of the National Fishworkers’ Forum (NFF),
highlighting serious conflicts between the domestic small-scale and industrial joint venture fleets, the Government
rescinded all the earlier policies on deep-sea fishing, in September 1996. It was also decided that the fishing policies
of the government should be revised from time to time.
In late 2002, a new set of Guidelines for deep-sea fishing was announced by the Government. The focus now lies
on the registration status of vessels, rather than mode of acquisition of vessels under charter arrangements and joint
ventures - as the earlier policies did. In combination with new legislation on foreign investments, fishing companies
with 100 percent foreign-owned capital can now register as Indian companies, register vessels and fly the Indian flag.
Under the new 21-point Guideline there are no obligations to land catch in India, to train Indian crews, and to
pay license fees commensurate with the value of targeted catches. Therefore, potential benefits for the economy and
fishing interests of India remain completely indistinguishable. Further, the Guidelines do not represent India’s new
deep-sea fishing policy which has been under development since 1996. This means that by the end of 2003, the
deep-sea fishing sector has been evolving in a policy vacuum for more than seven years.
The present Comprehensive Marine Fishery Policy of 2004, announced by the Ministry of Agriculture, envisages
promoting exploitation of deep sea and oceanic waters through industrial fishing for reducing fishing pressure
in the traditional fishing areas, motorisation of about 50% of traditional craft allowing the remaining to carry
on subsistence fishing in the near shore waters, encouraging small-mechanised sector by providing incentives for
acquisition of multi-day fishing units, encouraging introduction of more resource specific deep sea fishing vessels
(imported) of above 20 m length, mainly for tuna fishing and squid jigging, promoting joint venture for fishing in
the EEZ by fully Indian owned companies, etc, in as far as fishing operations in the Indian seas are concerned. It
is not clear from the new comprehensive marine fishing policy document on who were the stakeholders consulted
before finalising the policy, what were their views and whether some of the fisheries unions/associations who were
protesting against deep sea fishing in general are convinced with the 2004 policy, etc.
In the absence of a unified/comprehensive Fishery Policy covering the entire gamut of fisheries at the National level,
the State Governments are evolving a policy of their own for fisheries development and management and if these
policies do not take into consideration the issues and concerns of the neighbouring coastal States and the needs of
the various stakeholders including those at the grass root level, these policies are likely to lead to more conflicts and
Inter-State rivalries and would only be detrimental to the overall fisheries development and management.
The present policy initiatives of the States are too general and are spelt out on year to year basis, and have not been
helpful either in increasing the fish productivity and production or in tackling the growing discontentment among
17
Marine Fisheries Policy with reference to Tamil Nadu and Puducherry - An Analysis
the fishers across the country. In spite of the fact that the marine fish production has increased from around 1.7
million tons in 1987-88 to over 3 million tonnes by 2009-10, if we analyse the information available it would be
evident that it has been fluctuating year after year and is tending to stabilise at this level and has also brought with
it a number of ecological and economic issues. The virtual lack of basic infrastructure facilities for production,
harvest and post-harvest support; inadequate technical, financial and extension support; lack of the adequate human
resource base in fisheries, the poor socio-economic status of the fishers, lack of awareness among the fishers on
sustainable development and management of fisheries and the absence of a well thought out, need based, unified
policy for fisheries development and management in most of the States have all hampered the sustained growth of
the fisheries sector in the country.
India has adopted a policy of developing its own fisheries resources for local consumption, both in its offshore
and inshore fisheries. As a result, and unlike most other developing countries, India has never signed a fisheries
access agreement with a distant water fishing nation, and has persisted for decades in its attempts to develop its
own offshore industrial fisheries by nationally-owned interests. Despite proceeding with national development of its
offshore fisheries, India’s inshore fisheries have always been the most important sub-sector, both in terms of catch
and numbers of people depending on the fisheries.
The primary national goal for fisheries is to increase per capita availability of fish from the current level of around
9 kg/year to around 11 kg/year. To achieve this, State and Government policy focuses on developing fisheries at all
levels, with the aim to sustain or increase production and to guarantee continued growth of the sector. Modernization
of the fleet and upgrading of infrastructure receives attention through subsidies, although amounts are modest and
one-time payments. This production-oriented focus applies especially to the activities of the Ministry of Agriculture
and related Departments responsible for capture fisheries, at both Union and State levels, with significant variations
across States and Union territories.
In summary, fisheries policies in India have been developed with few linkages between the sectors, based on outdated
and fragmented legislation at the National and State level, and have generally focused on increased production with
little emphasis on conservation, sustainability or responsible fisheries management.
Traditional social measures at the village level exist for consultation on fisheries issues, and the involvement of
stakeholders in the management process. The importance of these traditional consultative mechanisms (which also
extend to dispute resolution) have probably been under-estimated in an attempt to move towards a more centralized
fisheries management arrangement at the national and State level. It is reported that more than 2/3 of fisheries are
managed in some way. Input controls are part of legislation, but the effectiveness of implementation is subject to
debate. Some of the more important fisheries that remain in need of management efforts include shark and sea
cucumber fisheries.
In summary, both formal and traditional mechanisms for consultation and conflict resolution are in place; fisheries
management is devolved to State control within territorial seas, and Union control outside territorial seas; legislation
focuses on production, and sustainable fisheries management principles are not yet fully included in the fisheries
laws.
18
4. Review of the Central/State level Fisheries Policies with respect to the Gaps in these policies.
Secretary
Joint Secretary
FRIO FRIO
FRIO (Trade) (Int. Coopn.)
Director General
Director Director Director Chief Executive,
Fy. Survey of India,
CIFNET, Kochi CICEF, Bengaluru IFP, Kochi NFDB, Hyderabad
Mumbai
Item Agency/Ministry/Department
²² Deep Sea fishing (List I). ²² Ministry of Agriculture /
²² Survey & assessment of fisheries resources. Department of Animal Husbandry, Dairying and
²² Research. Fisheries
²² Training & extension.
²² Aquaculture development.
²² Monitoring of fishing by foreign vessels (List I). ²² Ministry of Defence /Coast Guard
²² Prevention of marine pollution by ships.
²² Protection of endangered species (Wildlife
Protection Act, 1972).
²² Fish processing ²² Ministry of Food Processing Industries
²² Processing units
²² Seafood exports (List I). ²² Ministry of Commerce & Industry / Marine Products
²² Quality control Export Development Authority (MPEDA)
²² Export Inspection Council (EIC)
²² Law of the Sea negotiations (List I) ²² Ministry of External Affairs
²² Potential fishing zones. ²² Ministry of Earth Sciences (MoES)
²² Monitoring ocean pollution
19
Marine Fisheries Policy with reference to Tamil Nadu and Puducherry - An Analysis
Item Agency/Ministry/Department
²² Fishing vessel industry (List I). ²² Ministry of Surface Transport (MoST)
²² Major fishing ports (List I).
²² Minor fishing ports (List II)
²² Aquaculture in territorial waters (List II). ²² State Government/Department of Fisheries
²² Fisheries in territorial waters (List II)
²² Protection of marine biodiversity (List III). ²² Ministry of Environment and Forests (MoEF)
²² Protection of coastal habitats (List III).
²² Focal point for Ramsar, CITES, CMS & CBD
Conventions (List III).
There are no legal provisions in place below State level to legislate for fisheries management at the local level.
The current legal framework for fisheries hinges on a series of Acts that do not directly deal with, or simply fail
to mention the sustainable management of fisheries resources proper. In actual fact, the only Indian legislation
mentioning “undertaking measures for the conservation and management of offshore and deep-sea fisheries” is
the Marine Products Export Development Authority Act of 1972. Although the Territorial Waters, Continental
Shelf, Exclusive Economic Zone and other Maritime Zones Act that followed in 1976 recognizes the sovereign
rights to conservation and management of living resources in the Indian EEZ, in addition to their exploration and
exploitation, as well as providing the Central Government with the power to legislate for the conservation and
management of the marine living resources within the EEZ, the ensuing Maritime Zones of India (Regulation of
Fishing by Foreign Vessels) Act of 1981, and its regulations of 1982, fail to bring up conservation or management
of fisheries resources altogether.
Since maritime States are responsible for marine fisheries legislation within the territorial sea] (List II item), States
proceeded to develop their own Maritime Fishing Regulation Acts and Regulations. The driving force behind these
Acts was the rising number of serious conflicts between artisanal fishermen and trawlers. The ensuing Acts and
Regulations focused principally on provisions enabling the regulating of fishing vessel operations and movements in
the territorial sea, aiming at protecting traditional fishermen, and maintaining law and order. This legislation failed
to provide for limited access, effective legal action against infringements, and inter-State vessel movements (Mathew,
2003).
The Kerala Marine Fishing Regulation Act provides powers for restricting the numbers of vessels, restricting
operational areas, separating traditional fishermen from larger vessels by allocating specific fishing areas (inshore
and offshore) for the two sectors and various other measures to address conflict resolution issues. It does not address
the issue of sustainable management of fisheries. Some Acts also left fisheries officers with discretionary powers
in granting fishing licenses for motorized vessel owners and assigning areas of operation. Under this system of
Union Acts, State Acts and Regulations, legislative frameworks for production have evolved, but the sustainable
management of specific fisheries has not been developed.
The absence of such supporting fisheries management legislation leaves the executive arms of Ministries and
Departments at Union and State levels in a considerable legal void, when it comes to the planning and implementing
of responsible fisheries management activities.
Influence of other policies in the fisheries and fisher livelihoods and implications.
National Environment Policy as well as two important legislations have a major influence on fisheries and livelihoods.
The Coastal Regulation Zone Notification 1991 classifies the area 500m landward from the High Tide Line into
four different zones where limited activities can be undertaken with the permission of the government. However,
since many fishing communities live and work in this strip of the coast, and with a number of competing coastal
activities, there have been a lot of problems due to the non-implementation of the terms of the notification as well
as violations. The other legislation is the Wildlife Protection Act 1972 which classifies certain finfish and shellfish
species (a few species of shark, sea cucumber, sacred chank, etc) as threatened and protected and hence they are
prohibited from being harvested.
20
5. Planning Process and Financial Aspects
The Prime Minister is the ex-officio Chairman of the Planning Commission, who is supported by a Deputy Chairman,
and the Cabinet Ministers with certain important portfolios act as part-time members of the Commission, while
the full-time members are experts of various fields like Economics, Industry, Science and General Administration.
Well ahead of any Five Year Plan period, the Planning Commission constitutes a Working Group comprising experts
drawn from various disciplines in each sector and the officials of the Central Ministries/Departments, Research
Institutes and selected State/UT officials for formulating the programmes and projects that could be considered
for approval by the Central Government. The Working Groups meet a number of times, collects and collates
information on the status of development in each sector, the policy and legal frameworks, if any, in place and the
institutional structure, in these sectors, the budgetary outlay and expenditure incurred thereon by the Central/
State/UT Government Ministries/Departments/Organisations over the past Five Year Plans and prepare detailed and
comprehensive Reports and submit them to the Planning Commission.
On the basis of the Working Groups’ Reports, the Central Ministries/Departments and the State/UT Governments
prepare the sector-wise Five Year Plan Documents by involving the State Planning Boards comprising experts
and the senior officials of the Departments concerned as Members and submit the Plan document to the Union
Planning Commission. These Plan documents are discussed over a series of meetings at the Planning Commission
and at various official levels for firming up the Plan budget size and programmes/projects with specific physical and
financial targets. While the Ministry of Finance is the final authority for fixing the level of budgetary support for
each development sector, the Planning Commission is the authority for firming up the plan programmes/projects.
The entire Five Year Plan Programmes/Projects then are discussed at the level of the Chief Minister/Lieutenant
Governors of State/UT Governments and finalised and approved by the NDC and Planning Commission, before
they are taken up for implementation.
The Budgetary support provided by the Central Government for fisheries development schemes in the State/UT
Governments from the First Five Year Plan period to the 11th Five Year Plan period and the expenditure thereon till
the 10th Plan period are given below:
21
Marine Fisheries Policy with reference to Tamil Nadu and Puducherry - An Analysis
The budgetary support for the fisheries development programmes in Tamil Nadu and Puducherry from the V Five
Year Plan to X Five Year Plan period and the approved outlay for the 11th Five Year Plan are given in the following
Table:
Plan Outlay and Expenditure for fisheries development in
Tamil Nadu & Puducherry from 5th to 11th Plan
(Rs. in crores)
Tamil Nadu Puducherry
Five Year Plan
Outlay Expenditure Outlay Expenditure
Fifth Plan 134.20 75.50 17.30 11.74
Sixth Plan 240.00 104.22 24.10 34.12
Seventh Plan 240.00 146.79 50.00 53.89
Eighth Plan 315.00 781.70 88.00 104.26
Ninth Plan 998.40 1117.80 150.00 140.30
Tenth Plan# 758.70 974.80 46.31 17.20
Eleventh Plan *1100.00 -- NA --
22
6. Discussion & Conclusion
23
Marine Fisheries Policy with reference to Tamil Nadu and Puducherry - An Analysis
During the 8th Five Year Plan period, the Central Government provided substantial funding support to the coastal
states for introduction of Patrol Crafts for enabling them to enforce the provisions of the MFRA. However, most
of the State Governments (except Orissa) appears to have taken steps to procure such patrol crafts and deploy
them for enforcement of Marine Fishing Regulation Rules. Instead of creating a conducive atmosphere for the
harmonised marine fishing by different categories of fishing crafts within our territorial waters, in most cages it has
failed to solve the conflicts between the traditional, motorized and mechanised sectors and the destructive types of
fishing continued to flourish, without any restriction, as it did not empower the fisheries personnel to take stringent
measures against the violators.
The present Marine Fishery Policy as stated above envisages motorisation of 50% of the existing traditional fishing
craft. As per 2000 Fisheries Statistics of the Government of India there were 1,81,284 traditional craft, besides
44,578 motorised fishing craft, 53,684 mechanised fishing craft and about 170 deep sea fishing vessels above 20 m
length totaling 280,661 fishing vessels operating in the Indian EEZ for marine fishing. The coastal marine fisheries
in India, is an open access fishery with out any limits on either the effort or the catch.
Over the past decade there had been a substantial increase in the number of mechanised fishing craft operating in
the area within 50 - 100 m depth, from around 34,000 to 53, 680, an increase by almost 55% over the 1991-92
figures. To optimise the fishing fleet size, a “National-Level Review Committee to assess the area-wise requirements
of different categories of fishing vessels below 20 m OAL” was constituted by the Ministry of Agriculture, in the
year 2000.
• To review the present deployment of different categories of fishing fleet (below 20 m OAL) and their area of
operation.
• To make an assessment of the optimum size of the present marine fishing fleet (below 20 m OAL) category-wise
and zone-wise for deployment vis-à-vis the potential of the fishery resources in the EEZ.
• To identify the steps to equip the traditional/motorised and mechanised fishing fleet with navigation/
communication equipment and to upgrade the technical skills of the fishermen, and
• To suggest measures for effective conservation of fishery resources in territorial waters.
This Review Committee had concluded that new generation resource-specific vessels of about 18m OAL, including
trawlers and gill netters-cum-long liners, could be added to the fleet to tap resources beyond the 50 m depth zone
in the Indian EEZ. It has further suggested that the fleet size of the motorised craft should not exceed 50,000
to ease out the fishing pressure on the near-shore resources by extending the area of operation of traditional
fishermen beyond 50 m depth.
When this is the case, the present Comprehensive Marine Fisheries Policy advocates conversion of 50% of the
existing non-motorised traditional craft into motorised craft, which means that about 90,600 traditional craft to
be motorised. Similarly when the Committee has recommended introduction of resource specific fishing vessels of
18 m length for extending the fishing operation to offshore/deep sea, the present policy advocates fishing vessels of
above 20 m length for deep sea fishing. This again is a deviation from the recommendations of the National-Level
Review Committee to assess the area-wise requirements of different categories of fishing vessels below 20 m OAL.
Recognising that the potential for further growth and development in marine capture fisheries is limited, the focus
should switch to maximising returns from the existing fisheries, through reduction of harvest and post-harvest losses
by providing the adequate basic and need based shore based infrastructure facilities, which should be appropriately
addressed in the policy for marine fisheries and related infrastructure support facilities.
6.2 Conclusion
Overall review of the processes involved in design, development, approval and implementation of the fisheries
policy in the maritime States/UTs of the country, particularly in the States of Karnataka, Kerala and Orissa where
draft comprehensive fisheries policy documents have been developed reveals that lack of political will and frequent
change in the bureaucratic set up and their perception, often results in delays and non-implementation of the
policy initiatives spelt out by the respective states. If the project objectives of formulating and implementing the
fisheries vision and policy, are to succeed, there is a need for better understanding of the issues and needs of different
stakeholders, better coordination and cooperation between the State Fisheries Department, the link departments and
project funding/executing agencies; and commitment from the project implementing agencies.
24
Literature cited
Literature cited
1. Anon, 1996. Orissa-Agriculture Policy – 1996. Chapter-III State Fisheries Development Policy.
2. Anon, 2002. Fisheries Development Mission, Government of Tamil Nadu, Department of Fisheries, 23 pp.
3. Anon, 2004 a. Andaman & Nicobar Islands - Sector Fisheries, Vision Statement for 2025, 60 pp. Personal
communication from the Director of Fisheries, A&N Islands.
4. Anon, 2004b. Fisheries Policy, A & N Islands, 2 pp.
5. Anon, 2005. Draft Fisheries Policy of Kerala, Govt. of Kerala website.
6. CII, 2010. Puducherry Vision 2025. 66 pp.
7. Department of Ocean Development, 1982. Ocean Policy Statement, 3 pp.
8. Department of Animal Husbandry, Dairying & Fisheries. www.dahdf.com (accessed on 28-10-2010).
9. FAO, 2000. Fishery Country Profile, the Republic of India FID/CP/IND Rev. 5. January 2000, 2 pp.
10. FAO, 2004 a.7. Dealing with complexity and change in fisheries management: The case of small-scale fisheries
in Andhra Pradesh, India (Based on the work by Salagrama, V. 2003) www.fao.org.
11. FAO, 2004b. Fishers and Fishermen of India. FAO document from 1970 to 2003. www.fao.org
12. GoI, Ministry of Environment and Forests, National Environment Policy: http://moef.gov.in/nep/nep2006e.pdf
13. GoI, MoEF, Coastal Zone Regulation Notification: http://www.envfor.nic.in/legis/crz.htm
14. GoI, MoEF, Wildlife Protection Act http://moef.nic.in/modules/rules-and-regulations/wildlife
15. Government of Puducherry website: Citizens’ Charter, Department of Fisheries and Fishermen Welfare, 2010.
16. Government of Puducherry, 2011. Draft Annual Plan 2011-12 –Fisheries. 8 pp.
17. Government of Tamil Nadu. 2011. Fisheries Policy Note 2011-12. Animal Husbandry, Dairying and Fisheries
Department. 66 pp.
18. Maharashtra Fisheries Development Corporation Limited, 2002. 18 pp.
19. MOA, 2004. Comprehensive Marine Fishing Policy, November 2004, 26 pp.
20. MOA 2005. India – Capture Fisheries Production from 1970 to 2003. Personal communication.
21. Nair, M.K.R. 2005, Comprehensive Marine Fishing Policy - An over view. 26 ppt sides.
22. Neiland, A.E., Milne, G., Salagrama, V., Staples, D.J., Townsley, P., and Yadava, Y.S. (2006) Tsunami
Rehabilitation: Assessment of Policy Support for Pro-Poor Fisheries in Tamil Nadu, India. Report prepared
for the United Nations Team for Recovery Support (Post-Tsunami Fisheries Rehabilitation Assessment) in
association with the UK Department for International Development (DFID), the World Bank, the United
Nations Food and Agriculture Organization (FAO) and the United Nations Development Programme (UNDP).
New Delhi: UNDP.
23. Orissa Reference Annual, 2005. http://orissa.gov.in/e-magazine/orissaannualreference/ORA-2005/pdf/state_
agriculture.pdf
24. World Bank, 2004a. Good Management Practice in Sustainable Fisheries. Key policy issues in fisheries
management performance. Policy Brief 14. SIFAR - Support unit for International Fisheries. April 2004, 4 pp.
html version.
25. World Bank, 2004b. Saving Fish and Fishers. Toward Sustainable and Equitable Governance of the Global
Fishing Sector, May 2004. Report No. 29090-GLB, 109 pp.
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