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Monday, December 28, 2009

marine act

Despite govt assurances, fishermen smell something fishy in marine Act

By Rajesh Ravi

The controversial Marine Fisheries (Regulation and Management) Act
2009 does not have any takers among the fish workers even after the
Centre announced that it was willing to discuss it with all concerned
parties.

While the Tamil Nadu government has welcomed it, traditional fish
workers all over the country under the banner of National Fish Workers
Forum have threatened to launch a nation-wide strike against the bill,
which they say infringes upon the rights of traditional fish workers.

According to the ministry of agriculture, major objective of the
legislation is to ensure that there is no unregulated fishing in the
exclusive economic zone (EEZ) beyond territorial waters, and to
conserve fisheries resources through a fisheries management plan.

At present, there is no such legal or regulatory framework to govern
fishing in the EEZ waters beyond 12 nautical miles and up to 200
nautical miles, which fall under the jurisdiction of the Centre. The
state governments have jurisdiction over 12 nautical miles from their
respective coast and have several regulations to protect the resources
and rights of the traditional fish workers.

The major point of conflict is the need for a special permit for the
fish workers to fish beyond the territorial waters and the penalty
proposed for any violation. This implies that though fishermen who are
issued fishing licences to operate within the territorial waters of
states will not be allowed to fish beyond 12 nautical miles without
getting another licence under the new act.

"It is our traditional and customary right to fish where the resources
are found. The act infringes on our right to livelihood while opening
up the sector to foreign operators," T Peter, secretary of the
National Fish workers Forum (NFF) told FE. The NFF wants the
traditional fishing sector to be excluded from the purview of the Act,
he said.

Fish workers are not against conservation of resources and security of
the coast, but the act in its current format would make them
vulnerable to the authorities.

"This regulation would create duplication of licensing system and
create confusion. It will compound the misery of fishermen. It is also
not practically possible to prevent the fishermen from fishing beyond
12 nautical miles," Peter said.

The penalty proposed for vessels fishing beyond 12 nautical miles is
harsh. It also goes against the Murari Committee recommendation, which
called for more participation of traditional fish workers in deep sea
fishing, he added.

ME Raghupathy of the Chennai Mechanised Boat Fishermen's Association
said the act prevents fishermen with permits to fish in the
territorial water to use long-lining nets.

"We use gill nets for fishing in the waters near the coast, while we
use long-liners for fishing in deep waters. Fishermen venture out into
the sea depending up on the availability and nature of fish. It is
seasonal and we cannot stick to the use of a single net," he added.

Marine resources are limited near the coast and in some parts, they
have been almost completely exploited, fishermen having mechanised
fishing crafts have been venturing into the sea beyond 12 nautical
miles for gaining access to under-exploited offshore fishery reserves,
Raghupathi said.

"Limiting us into the territorial water would be devastating. It can
also lead to more corruption and misery as the workers are mostly
illiterate," he added.

Moreover, the act also calls for maintaining a log book and a master
of vessel for fishing vessels above the length of 42 feet. "Such
things are not practical in the current system of operation," he said.

Joseph Xavier Kalappurakkal, president of Kerala Boat Owners
Association feels that management of marine resources from above is
not practical and good.

"Stakeholders have to be included in effective conservation of
resources. Fishermen know the sea and efficient management of its
resources calls for their participation," he added.