Fisheries Administration and Lagislation

Unit 5 - Marine fisheries legislations

5.2. The Indian Fisheries Act, No. 4 of 1897
This Act is very brief and its current usefulness very limited. Although it is to be read as supplemental to other fisheries laws in force, its substance is directed at prohibiting destruction of fish by use of explosives and poisons in inland waters and on coasts and allowing State governments to make rules for the protection of fish. There is a basic provision governing arrests. Additionally the Fisheries Act defines “water” to include the sea within a distance of one marine league of the seacoast (i.e. 3 nautical miles), where such measures may be taken.
There is no legislation implementing India’s responsibilities for its nationals – including vessels and persons - as required under the 1982 Convention and the UN Fish Stocks Agreement. These obligations also appear in soft law such as the 1995 FAO Code of Conduct for Responsible Fisheries and the 2001 FAO IPOA-IUU.
The Maritime Zones of India (Regulation of fishing by foreign vessels Act, 1981 (No. 42 of 1981). This Act was passed prior to the adoption of the 1982 Convention the UN Fish Stocks Agreement. A wide range of requirements under those, and related instruments are not implemented.
It applies to “fishing” activities, but the definition of such activities is weak and not up to date in two major respects. First, it refers to “catching, taking, killing, attracting or pursuing fish”, all of which contemplate the presence of fish. Modern definitions in national and international instruments refer also to searching and attempting to search for fish including use of aircraft. Second, it is defined to include processing, preserving, transferring, receiving and transporting of fish. Modern definitions separate fishing activities from these “related activities”, for administrative and legal purposes. For example, control over a carrier or reefer vessel is usually legislated in order to regulate transshipment at sea and prohibit supporting illegal fishing activities. The definition of fishing, key to the effective implementation of the Act, needs strengthening and updating.
The Act’s main provisions deal with the grant of licenses, prohibition of Indian citizens using foreign vessels, procedures for granting of permits or licenses, and the responsibility of permit holder for compliance. It requires unlicensed foreign vessels to stow their fishing gear when entering any maritime zone, and allows scientific research. Other provisions relate to powers of search and seizure, offences and penalties and miscellaneous items such as presumptions, and place of trial.
The Act relies on rules to elaborate many of the requirements, such as the manner of stowing gear and terms and conditions for scientific research. The alternative would be to allow scope for setting requirements in writing, or by a simpler mechanism than adoption of rules in certain cases where the authority would not be abused. For example, a fisheries manager may wish to identify certain conditions for scientific research that are consistent with a management plan but which do not form part of the rules. However, this is not done and there do not appear to be any rules as foreseen in the legislation.
On the whole it has no mechanism for fisheries management other than the grant of licenses – and even those provisions are largely procedural and not related to mechanisms or procedures to decide conservation and management measures or deny, suspend or revoke licenses or permits. Such actions could occur under relevant fishery management plans or the implementation of measures adopted by RFMOs, but neither of these circumstances is taken into account.
The Act lists the powers of search and seizure by authorized officers, but only in the context of boarding vessels. There is no authority to conduct searches of fish that may have been landed, for example, or are being transported after landing. It is an offence to obstruct an authorized officer, but the duties of persons towards authorized officers – e.g. to allow and assist the officer to carry out his/her duties and to comply with directions - are not detailed.
A key constraint in securing cooperation in enforcement by the flag State, the Act does not incorporate the flag State responsibilities of foreign fishing vessels developed in later years under the international instruments.