Fisheries Administration and Lagislation

Unit 3 - Fisheries development over five year plans

3.6. The 2002 Tenth Five Year Plan and the 2004 India Marine Fishing Policy
The India Marine Fishing Policy was originally drawn up in 2000 and adopted in 2004. Its objectives relate to increased production, exports and food security, ensuring socio-economic security of the artisanal fisher and ensuring sustainable development of marine fisheries “with due concern for ecological integrity and biodiversity”. Adopted in the early stages of implementation of the December, 2002 Tenth Five-Year Plan, it was anticipated that there would be positive outcomes from complementary aims of the two documents. The latter emphasized the role of governance, and the importance of synergy and coordination between different government department and agencies. It declared that research focus would be placed on:
Intensification of research on sustainable capture and culture fisheries and development of a strategy for the optimum utilisation of two million sq km of sea surface area available under the Exclusive Economic Zone (EEZ).
Interestingly, in Article 62 of the 1982 convention, “optimum utilization” was taken to mean that fisheries management would allocate marine resources surplus to national needs to foreign vessels. Although increased export of fish harvested in the Indian EEZ was clearly an aim of the India Marine Fishing Policy, it was not clear whether the Plan itself was based on the “surplus to need” interpretation. There appeared to be nothing in the Plan specifically related to institutional or legal aspects of fisheries management.
The rationale behind the India Marine Fishing Policy was explained in its Preamble:
Marine fisheries within the territorial waters are the subject of maritime states whereas fisheries beyond this limit within the EEZ fall in the jurisdiction of Central Government. The Central Government besides playing an advisory role also provides funding support to the States/Union Territories for implementation of Central Sector and Centrally Sponsored Schemes.
The policy initiatives are required not only for making marine fisheries sustainable and responsible, but also globally competitive so that Indian producers stand to gain in international markets. This arrangement was appropriate until recently considering that only the resources close to the coasts of the maritime states were harvested. The global scenario with respect to marine fisheries is rapidly changing with major developments in harvesting and processing technology and consequent expansion of global markets for fish and fishery products.

It was clear that the approach taken in the Policy would depart from that of previous years, which 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 and Union Territories (UTs). Therefore, in the current approach towards an integrated policy the Government sought to bring the traditional and coastal fishermen into the picture together with stakeholders in the deep-sea sector so as to achieve harmonized development of marine fishery both in and beyond the territorial waters.
The preamble further referred to the connection with other policies and plans, noting that the National Agriculture Policy referred to the theme of a comprehensive marine fishing policy. The promulgation of the Policy with a legal framework for its enforcement was expected to result in all-round development of marine fisheries sector of the country, ensure balanced growth of all stakeholder groups and minimize inter-sectoral clashes.
A key feature of the Policy was to formulate an appropriate legal framework for regulating marine fishing operations in Indian Exclusive Economic Zone (IEZ) by all classes of vessels.
The Inter-Ministerial Empowered Committee on Marine Fisheries was set up to steward the implementation of the Policy under the Chairmanship of the Secretary in the Department of Animal Husbandry & Dairying. Outside this framework, regional consultations have apparently been held to discuss how best to operationalize this policy, but no specific information was obtained.
The Policy consists of the following components:

• Preamble
• Marine fisheries resources
• Harvesting of marine fish resources
• Post harvest operations
• Resource management
• Fishermen’s Welfare
• Environmental aspects
• Infrastructure development for marine fisheries
• Legislative support

The above components of the Policy have been implemented somewhat unevenly, but all have a need for ongoing policy and legal underpinning. An indicative table specifying implications for further policy and legal action is set out in Annex 6. The components are addressed in order in sections 2.3.2 to 2.3.9 below.

Five Year Plans
From the outset in 1951, the Five Year Plans have included specific reference to fisheries which is a reflection of their economic and social importance to India. Until the advent of the 2004 CFMP, the Five Year Plans were the only policy framework for fisheries in India. All ten of the Five Year Plans established so far have focused fisheries policy on increasing fish production through technological and infrastructure development (mechanization, building new port and landing facilities, etc), aquaculture development, and through the expansion of fishing into poorly utilized offshore fisheries.
The Tenth Five Year Plan began in 2002 and has only just expired in 2007. This Plan did recognize that marine fisheries in India were facing increasing sustainability problems and emphasized the need for a greater focus on sustainability measures, particularly in stressed inshore fisheries. The various schemes funded through the Tenth Plan nonetheless still targeted fisheries development with the aim of increasing fisheries production from an estimated 6.12 million tons (in 2000-01) to a target of 8.19 million tons by 2007. Most of this increase was expected to come from inland fisheries and aquaculture production but some increased marine harvests were also envisaged through exploitation of un-fished offshore resources. The Tenth Plan continued to focus government expenditure in fisheries on technological and infrastructure development.
The Eleventh Five Year Plan is currently being prepared. The aspects of this Plan that relate to fisheries are being informed by a specially appointed Working Group of 52 members largely consisting of officials from state, Union and international fisheries agencies. The Working Group report proposes seven objectives for fisheries over the next five years (Table 8) and identifies these objectives as current government policy.
To implement these objectives, the Working Group has recommended that the various schemes detailed in the last Five Year Plan are continued. They have also recommended several new schemes also targeted largely at fisheries development; principally aquaculture development, deep-sea vessel construction, mariculture and value added activities. A central government budget of Rs4,013 crores (US$1.0 billion) is proposed, which is a significant increase over the previous Five Year Plan budget for fisheries of Rs2,497 crores (US$640.5 million). A large part of this increased expenditure has accompanied the operations of the newly established National Fisheries Development Board (Rs.2, 069 crores). As in past years, some of these centrally sponsored schemes are designed specifically to support state activities and are expected be co-financed by the states. Consequently the operational activities of the Union and state / territory fisheries agencies are heavily influenced by the policies set by the Union Government and resourced through the Five Year Plan process.

Marine Fishing Policy, 2004
Marine fisheries within the territorial waters are the subject of maritime states whereas fisheries beyond this limit within the EEZ fall in the jurisdiction of Central Government. The Central Government besides playing an advisory role also provides funding support to the States/Union Territories for implementation of Central Sector and Centrally Sponsored Schemes. The policy initiatives are required not only for making marine fisheries sustainable and responsible, but also globally competitive so that Indian producers stand to gain in international markets. This arrangement was appropriate until recently considering that only the resources close to the coasts of the maritime states were harvested. The global scenario with respect to marine fisheries is rapidly changing with major developments in harvesting and processing technology and consequent expansion of global markets for fish and fishery products.
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 channelized 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 fulfillment of the national objectives. Therefore in the present policy the Government seeks to bring the traditional and coastal fishermen also in to the focus together with stakeholders in the deep-sea sector so as to achieve harmonized development of marine fishery both in the territorial and extra territorial waters of our country. The theme of comprehensive marine fishing policy is enshrined in the National Agriculture Policy promulgated by this Government. It is significant that the new policy is being pronounced during the initial years of the X Five Year Plan, the elements contained therein may be gainfully used by the implementing Departments in the Central and State Governments to reach the benefits to the stake holders.
The policy objectives are:

• 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.
• To ensure socio-economic security of the artisanal fishermen whose livelihood solely depends on this vocation.
• To ensure sustainable development of marine fisheries with due concern for ecological integrity and bio–diversity.

The 2004 CMFP is the first ever national Comprehensive Marine Fishing Policy and is the current national fisheries policy framework for India. The policy document establishes three key objectives:

• to augment marine fish production of India up to the sustainable level in a responsible manner so as to boost export of seafood from the country and also increase per capita fish protein intake of the masses;
• to ensure socio-economic security of the artisanal fishermen whose livelihood solely depends on this vocation;
• to ensure sustainable development of marine fisheries with due concern for ecological integrity and biodiversity

The 2004 CMFP consists of ten components which include establishing a “stringent fisheries management system” encompassing an improved regulatory and MCS systems. The CMFP also proposes a new legal framework to enable the various components of the new policy to be implemented. What makes the CMFP significant is that it also identifies a need to reform the legal framework. An Inter-Ministerial Empowered Committee on Marine Fisheries has been established to steward the implementation of the Policy under the Chairmanship of the Secretary in the DAHDF. Outside this framework, regional consultations have apparently been held to discuss how best to operationalize this policy.

Fisheries Management Systems
On the whole, there is no mechanism for management of fisheries outside the territorial sea other than the granting of licenses, and even those provisions are largely procedural and not related to mechanisms or procedures to decide conservation and management measures or their enforcement.
As described in the previous chapter, state legislation provides a rudimentary regulatory and licensing regime for fisheries management within territorial waters but management objectives and roles and responsibilities are often confused and legal powers are weak. Enforcement of even this level of regulatory and licensing regime is very poor on the ground.
Regarding subsidies, the policy refers to incentives for acquisition by the small-mechanized sector of multi-day fishing units, vessels landing quality fish for export, and wholly owned Indian vessels for venturing into international waters and concluding arrangements with other nations under license

• Uniformity in welfare schemes in different regions would be ensured, schemes operated in parallel by States and Centre would be rationalized
• Policy indicates the need to support the traceability and/or certification of products: packaging and bar coding would be made mandatory for authorized sales of fish and fish products through registered outlets for ensuring food safety.
• Policy indirectly refers to increasing the value-added, including through MPEDA
• The policy seeks to increase exports
• The Policy does not refer to tariff barriers and/or free trade areas in the region
• There are no specific policy initiatives to improve the efficiency of fisheries administrations

• Socio-economic and poverty issues
• The policy refers to food security
• The policy does not refer specifically to poverty, but there is a component on Fishermen’s Welfare
• There is no provision for micro-finance in the Policy, but this is available elsewhere
• The Policy does not include reducing the number of those engaged in fishing maintaining current numbers or increasing/maximizing employment
• The Policy does not include assistance to fishers to leave the fisheries sector or to supplement livelihoods from non-fishing activities

The Policy goal to ensure observer coverage faces two challenges: there are no laws to regulate observer placement and activities; and there is opposition from boat owners. This is a common approach by boat owners worldwide, and best practices elsewhere have overcome the opposition. The key is legal authority to appoint observers, place them, assign rights and duties and the duties and liabilities of boat owners. Best practices are to charge the boat owners for all costs of the observer (including wages, insurance, food and accommodation, embarkation, disembarkation and even training). Training of observers and a reasonable level of payment is also essential.