Fisheries Administration and Legislation (2+0)

Unit 7 - Laws relating inland fisheries

7.4. Wetland conservation
The Wetlands (Conservation and Management) Rules, 2010, are aimed at ensuring better conservation and preventing degradation of wetlands. Over one-third of the country's wetlands had been wiped out or badly damaged. Under the rules, wetlands have been classified for better management and easier identification. Wetland regulatory authorities and appraisal committees were set up at the central, State and district levels to ensure proper implementation of the rules. The rules specify activities that are harmful to wetlands and prohibit them. Other activities such as harvesting and dredging could be carried out with prior permission from the authorities concerned. Describing the move as a positive step, Union Minister of State for Environment and Forests Jairam Ramesh said: “This is the first time that legally enforceable rules are being notified for such eco-sensitive areas in our country. This will go a long way in protecting our wetlands, which are under severe threat.”
Wetlands are critical for human development and well-being, especially in India, where a large number of people are dependent on them for drinking water, food and livelihood. Despite their immense importance, wetlands are one of the most degraded ecosystems globally. Over-exploitation of fish resources, discharge of industrial effluents, fertilizers and pesticides and uncontrolled siltation and weed infestation, among other reasons, have taken the toll on these important water bodies. India is a signatory to the Ramsar Convention for the conservation and wise use of wetlands, which includes in its ambit a wide variety of habitats such as rivers and lakes, coastal lagoons, mangroves, coral reefs, and numerous man-made wetlands like ponds, farm ponds, irrigated agricultural lands, sacred groves, salt pans, reservoirs, gravels, pits, sewage, farms and canals. The Union government had identified 25 wetlands for conservation and management under its conservation programme and provides financial and technical assistance to the State governments and Union Territory administrations for this purpose.

Leasing/licensing of open-waters

• The leasing of open-water fisheries, especially for lake and reservoirs, shall be done keeping long-term management perspective besides sustainability of endemic biodiversity in view.
• The lease period for a water body should at least be five years or even more depending upon the conduct of the lessee. However, the State shall have the right to cancel the lease in case the lessee is found wanting or proved to be guilty of violating norms or not adhering to the guidelines for sustainable fishery.
• Fixation of annual rent or annual lease amount shall be done in accordance with the status of production and productivity evaluated duly following scientific principles.
• Leasing of river stretches may lead to many complications owing to multi-species subsistence level of fishing being practiced by artisan fishers, who may lose their rights. Besides, there may be further drift in biodiversity owing to intense fishing operations being pursued by the lease. It would be more appropriate and scientifically sound to promote artisanal fishing practices with some kind of licensing to keep a check and balance on the level of exploitation and conservation of biodiversity besides the state is also earning some revenue.
• Strict licensing and registration of mechanized boats or fishing vessels is essential to put a halt on the unchecked growth of such crafts leading to over fishing of target species besides threats to other biodiversity and water quality in estuarine and lagoon ecosystems. The state shall fix a rent on each such registered boat in accordance to the types of boats and gears boat type, and average anticipated fish catch per boat per day.
• The State shall have the right to confiscate, imposing fine and ban the entry of such unregistered boats or even registered boats using destructive device to catch fish or violating the environmental laws on conservation and responsible use of waters can also be banned for fishing.
• The current legal framework for fisheries at both Union and state / territory level is extremely complex, involves a range of government institutions, and does not appear to provide a sound basis for fisheries management and development either in terms of meeting the demands of the 2004 Comprehensive Marine Fisheries Policy or the requirements of international law.