2.2. Work allocation

Unit 2 - Legal and organizational framework
2.2. Work allocation
Animal husbandry commissioner
National Livestock policy Bio-diversity and Animal Genetic Resources, Animal Care/ Animal Welfare
Joint secretary (fy)
All matters related to Fisheries Development and all matters related to Fishery Division and Vigilance
Joint secretary (P&F)
Poultry, Central Poultry Development Organizations, Feed & Fodder, Central Fodder Development organization, goat, sheep, pig, Equine and Pack animals, Slaughterhouses, Meat and meat products, Plant coordination.
Joint secretary (A&DD)
Administration, Dairy development, DMS, NDDB, and all matters related to diary division, NPCBB, Parliament, Trade and Codex matters, International cooperation.
Joint secretary (C&LH)
Livestock health, Veterinary council of India, Central Cattle development organizations, Animal husbandry extension, General coordination, Administration Reforms and Public Grievances.
Adviser (Stat)
All matters related to animal husbandry statistics division including livestock census
In order to better understand the legal framework and the relationship between the administration of the laws that directly regulate fishing activities and those that are relevant to fisheries, fisheries laws in the Union Government, the roles of key Ministries in the fisheries sector are set out below.

1. Departments under the Ministry of Agriculture (Department of Animal Husbandry, Dairying and Fisheries, Agriculture Research and Extension and Agriculture and Co-operation) are responsible for fisheries in the EEZ as follows:
  • Survey and assessment of fisheries resources
  • Exploration of resources in the EEZ
  • Fisheries development
  • Fisheries technology
  • Fisheries management
  • Education, research, training and extension
  • Aquaculture development
There are several departments under ministry of agriculture like Department of Agriculture Research and Education (DARE), Department of Fisheries. The chief secretary of DARE is the director general of ICAR. ICAR is a society which is completely owned by the government.

2. Ministry of Commerce and Industry: the development and promotion of exports of fish products, quality control and for setting standards for the processing units. Relevant departments and agencies include:
  • Department of Commerce,
  • Directorate of Foreign Trade
  • Export Inspection Council
  • Marine Products Export Development Authority (MPEDA)
  • Promotion of fish exports
  • Quality control
  • Fish inspection /export inspection
There are also ministries of food processing, ministry of defense in India.
Ministry of environment and forest is second most important ministry after ministry of agriculture for fishery activity.

3. The Ministry of Food Processing Industries: Fish processing (including canning and freezing), provides technical assistance and advice to the fish processing industry. The Food Safety and Standards Authority of India (FSSAI) has been established under Food Safety and Standards Act, 2006 which consolidates various acts & orders that have hitherto handled food related issues in various Ministries and Departments. FSSAI has been created for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for human consumption. Highlights of the Food Safety and Standard Act, 2006 Various central Acts like Prevention of Food Adulteration Act, 1954 , Fruit Products Order , 1955, Meat Food Products Order , 1973, Vegetable Oil Products (Control) Order, 1947,Edible Oils Packaging (Regulation)Order 1988, Solvent Extracted Oil, De- Oiled Meal and Edible Flour (Control) Order, 1967, Milk and Milk Products Order, 1992 etc will be repealed after commencement of FSS Act, 2006. The Act also aims to establish a single reference point for all matters relating to food safety and standards, by moving from multi- level, multi- departmental control to a single line of command. To this effect, the Act establishes an independent statutory Authority – the Food Safety and Standards Authority of India with head office at Delhi. Food Safety and Standards Authority of India (FSSAI) and the State Food Safety Authorities shall enforce various provisions of the Act.

FSSAI has been mandated by the FSS Act, 2006 for performing the following functions:
  • Framing of Regulations to lay down the Standards and guidelines in relation to articles of food and specifying appropriate system of enforcing various standards thus notified.
  • Laying down mechanisms and guidelines for accreditation of certification bodies engaged in certification of food safety management system for food businesses.
  • Laying down procedure and guidelines for accreditation of laboratories and notification of the accredited laboratories.
  • To provide scientific advice and technical support to Central Government and State Governments in the matters of framing the policy and rules in areas which have a direct or indirect bearing of food safety and nutrition.
  • Collect and collate data regarding food consumption, incidence and prevalence of biological risk, contaminants in food, residues of various, contaminants in foods products, identification of emerging risks and introduction of rapid alert system.
  • Creating an information network across the country so that the public, consumers, Panchayats etc receive rapid, reliable and objective information about food safety and issues of concern.
  • Provide training programmes for persons who are involved or intend to get involved in food businesses.
  • Contribute to the development of international technical standards for food, sanitary and phyto-sanitary standards.
  • Promote general awareness about food safety and food standards.
National Institute of Food Technology Entrepreneurship and Management: NIFTEM is the brainchild of the Ministry of Food Processing Industries (MoFPI). MoFPI in its Vision document-2015, envisaged creation of a world-class institution to cater to the various stakeholders such as entrepreneurs, industry, exporters, policy makers, government and existing institution. NIFTEM would work actively in assisting in setting food standards, businesses incubation and information sharing. It would also be an apex institution in the field of food technology and management, networking and coordinating with other institutions in the same field. NIFTEM is being established at Plot No. 97, Sector 56, Phase IV & V, HSIIDC Industrial Estate Kundli, District Sonipat, Haryana, as an international center of excellence to cater to the needs of various stakeholders such as entrepreneurs, industry, exporters, policy makers, government and existing institutions. NIFTEM will have various “theme centres” with the aim of promoting thought leadership and innovation –driven practices in the key sector of food processing with strong sectoral/functional focus are planned. Each theme centre will have world-class manpower and infrastructure for research and training. The theme centres would benefit through long term associations with prominent international institutions, through a faculty exchange programme or joint research initiatives in various food processing areas such as dairy, seafood and wine. Sectoral Theme Centres Sector focused theme centres will ensure a comprehensive supply chain approach. The theme centres planned are:
  • Dairy
  • Cereal based products
  • Animal protein
  • Fruits and vegetable based foods
  • Beverages
  • Confectionery
Cross Sectoral theme centres The cross sectoral theme centres would work closely with the other theme centres. These include:
  • Management studies / business incubation
  • Trade / Knowledge management / Networking
  • Packaging and Engineering
  • Food standards, Testing and Safety
  • Biotech
  • Nutrition
  • Culinary Science
Each theme centre would be headed by a Professor known for his expertise in that particular field, have Associate and Assistant Professors assisted by staff (such as research associates, administrative assistants). The theme centres would have visiting faculty members from international institutions or industry to undertake full-time courses. The Head, Professors and visiting faculty in the theme centre would be involved in teaching as well as research. They would be chosen on the basis of their expertise, interest, and active research programmes in areas pertinent to food science.

4. The Ministry of Defense, Coast Guard:
Provides assistance and protection to fishermen at sea while in distress,
Regulates fishing by foreign fishing vessels in the maritime zones, and
Preserves and protects the marine environment from pollution.

The Ministry of defense plays a role in fisheries through coast guard. Coast guard takes care of pollution by the vessels, unauthorized fishing by the foreign vessels, coastal pollution, oil spill etc.
Coast Guard Act, 1978
According to this Coast Guard Act, 1978, the coast guard has to perform the following Duties and functions.

(1) It shall be the duty of the Coast Guard to protect by such measures, as it thinks fit, the maritime and other national interests of India in the maritime zones of India.
(2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for -
  • (a) Ensuring the safety and protection of artificial islands, offshore terminals, installations and other structures and devices in any maritime zone;
  • (b) Providing protection to fishermen including assistance to them at sea while in distress;
  • (c) Taking such measures as are necessary to preserve and protect the maritime environment and to prevent and control marine pollution;
  • (d) Assisting the customs and other authorities in anti-smuggling operations;
  • (e) Enforcing the provisions of such enactments as are for the time being in force in the maritime zones; and
  • (f) Such other matters, including measures for the safety of life and property at sea and collection of scientific data, as may be prescribed.
(3) The Coast Guard shall perform its functions under this section in accordance with, and subject to such rules as may be prescribed and such rules may, in particular, make provisions for ensuring that the Coast Guard functions in close liaison with Union agencies, institutions and authorities so as to avoid duplication of effort.

5. The Ministry of Shipping: the fishing vessel industry and fishing harbours.
Merchant Shipping Act 1958
The act aims to deal with waste arising from ships along the coastal areas within a specified radius. The act should be incorporated in the course structure as it is concerned with harm caused to fisheries albeit indirectly. The Act has been constantly under revision and amendments to ratify the changes approved by the International Maritime Organization, through its conventions and protocols, to which India is a Member. He Merchant Shipping Act as is existed today has 24 parts. The review committee appointed by the Government of India, in 1991 under the Chairmanship of DG(s) to study the provision of the Act in its entiraty and give suggestions for amendments taking into consideration. The International Convention which India has ratified but not statutorily enacted has suggested comprehensive amendments to the Act including the amendment of the preamble of the Act.

6. The Ministry of Environment and Forests
Protects and preserves the coastal and marine ecology and environment (excluding the marine environment in the EEZ)
Coastal habitat protection
Protects endangered marine species under the Wildlife Protection Act,1972.
Regulation of industries on the coasts
Prevention of pollution through Central Pollution Control Board, State Pollution Control Boards as well Pollution Control Committees in the union territories.
National focal point for
1972 Wetlands (Ramsar) Convention
1973 Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES)
1979 Convention on the Conservation of Migratory Species of Wild Animals (CMS or Bonn Convention)
1992 Convention on Biological Diversity (CBD)
Nodal agency for the United Nations Environment Programme (UNEP)

7. The Department of Ocean Development (under the Minister for Ocean Development):
Preservation, protection and conservation of the marine environment in the EEZ development of technology
Mapping of resources and for the establishment of the ocean commission which
Preparation of policies and legislation relating to ocean and ocean resources (the policy and details of specific schemes are dealt with by the respective Ministries and departments)
Nodal agency for implementing the provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS or 1982 Convention), including the provisions related to the protection and preservation of the marine environment.

8. The Ministry of External Affairs: negotiations on the Law of the Sea matters, including the 1995 UN Fish Stocks Agreement
In the review of the legal mandates of these and other institutional arrangements, this study emphasizes the need to avoid overlap and duplication particularly in matters of fisheries management, trade/export in fish and fish products and monitoring, control and surveillance of fisheries-related activities.

Ministry/Department Responsibilities
At the Union Level:
  • Ministry of Agriculture-Fisheries in the EEZ, survey and assessment of fisheries resources, research, training and extension; distribute subsidies:
  • Motorization of traditional craft and purchasing fishing gear
  • Reimbursement of Excise Duty on High Speed Diesel (HSD) oil
  • Fishing harbor facilities at major and minor ports.
  • Renovation/construction of fish farms
  • Establishment of shrimp seed hatchery of 2-5 million capacity
  • Development of Fishing Villages (DFV) program provides basic civic amenities such as housing, drinking water and community halls.
  • Relief programs to fishers during the lean period.
  • Accident insurance for fishers
  • Ministry of Shipping Fishing vessel industry and fishing harbors (Union List); minor fishing ports (Concurrent List).
  • Coast Guard (under the Ministry of Defense) Regulation of fishing by foreign vessels, prevention of marine pollution from ships and protection of endangered marine species
Ministry of Water Resources
Erosion-related issues
Ministry of Tourism (activities that have an impact on fisheries)
At the State-Level:
Department of Fisheries-All fisheries and mariculture activities in the state
Department of Forests Protection of wild animals and forests and marine biodiversity Department of Ports-Minor fishing harbors (Concurrent List)
National level organizations
National Fisheries Development Board (NFDB) is an autonomous body under the administrative control of the Department of Animal Husbandry, Dairying and Fisheries and inaugurated in September 2006. The board’s objectives include the following three particularly challenging ones of a) coordinating activities pertaining to fisheries undertaken by different Ministries/Departments in Central and State/Union government; b) improving production, processing, storage, transport and marketing; and c) achieving sustainable management and conservation of natural aquatic resources including the fish stocks.

MPEDA: The Marine Products Export Development Authority, a nodal agency set up by the Govt. of India in 1972 for the promotion of seafood exports from India. The role envisaged for the MPEDA under the statute is comprehensive - covering fisheries of all kinds, increasing exports, specifying standards, processing, marketing, extension and training in various aspects of the industry.
The plan schemes of the Authority are implemented under seven major heads:
  • Market Promotion
  • Capture Fisheries
  • Culture Fisheries
  • Processing infrastructure & value addition
  • Quality control
  • Research and development
  • Viability gap funding
Last modified: Tuesday, 3 January 2012, 10:13 AM