Fisheries Administration and Lagislation

Unit 5 - Marine fisheries legislations

5.3. The Maritime Zones of India (Regulation of fishing by foreign vessels) Rules, 1982
The Rules cover definitions that are supplementary to those in the Act, but which still do not adequately provide a sound basis for implementation and enforcement. They require certain information to be provided on license applications, but this needs to be updated to implement international instruments and address modern technology and regional and international requirements for the exchange of information.
The Rules empower the Central Government to grant a license for a range of activities that are not contemplated in the Act, and do not fall within the definition of “fishing”:
• taking on board any outfit or supplies while at sea;
• landing fish or fish products,
• purchasing or obtaining bait, outfits, provisions or supplies (including fuel) at an Indian port;
• Effecting repairs at an Indian port.
There is no provision for a corresponding offence or penalty for carrying out these activities without a license. This appears to be a major inconsistency that may be challenged.
Other activities for which a license may be granted are included in the definition of “fishing” in the Act, and refer to commercial fishing, transshipment or supply at sea, processing at sea and transporting fish from the fishing grounds. They should be reexamined for scope and consistency with other laws covering processing on land and transporting fish generally, not just from the fishing grounds to port. In the latter case, activities involving transshipment at port and transport to another port would not be covered.
The issue of transshipment at sea was discussed at the Fifth Meeting of the Inter-Ministerial Empowered Committee on Marine Fisheries, held on 24 January 2007. The Meeting reviewed the decision taken at the Fourth Meeting of the EC, held on 18 July 2006 that “Mid-sea transfer of stocks should be discouraged. As a first step, it was decided that henceforth transshipment would be permitted only within 24 nautical miles or the Contiguous Zones. It would appear so because Contiguous Zones are declared for customs, fiscal, immigration or sanitary reasons, which are relevant to transshipments. ] It was also decided that transshipment of tuna catches should be done only into carrier vessels, which are in the approved list of the IOTC”. It agreed that a new condition should be added, and this information was circulated to companies fishing. Concerns of the companies were subsequently discussed in various flora, but information on the outcomes was unavailable.
The result is that, although transshipment requirements may be included in individual Letters of Permission for vessels to fish in India’s EEZ, there are a number of situations that are not now covered, including those that India is required to implement as a member of the Indian Ocean Tuna Commission.
Separate sections deal with the term of validity for licenses (directed at owners of foreign vessels) and permits (directed at Indian citizens who charter foreign vessels). There is no requirement for the government to maintain a register of licenses or permits, or implement the rules of a regional fisheries management organization (RFMO). There is a requirement for the vessel to display the license or permit on board the vessel.
Significantly, the terms and conditions of licenses and permits are very different. For licenses – valid for the length of time on the permit - they are directed at fishing activities, such as reporting, employment of crew, fishing/transporting/processing only in accordance with the terms of the license, communication equipment, storage of fishing gear, research, observers, inspection and vessel identification.
For permits – valid for up to five years – the terms and conditions include to payment for the permit, expertise in fishing, bank guarantee, percentage of crew to be Indian citizens, settlement of disputes, submission of valuation and seaworthiness and safety certificates and other areas directed largely at corporate, rather than fisheries management. In respect of fisheries management, the Rules only prohibit some forms of fishing (for protected species and coastal shrimps) and impose a duty on the charterer to ensure that the vessel reports to an authorized officer before and after every fishing voyage.
The Rules, particularly those relating to chartered vessels, do not allow for fisheries management, including relevant requirements under the UN Fish Stocks Agreement, and under RFMO conservation and management measures.
Some general provisions govern transit, permitting scientific research and prohibiting damage to Indian vessels, fishing in territorial waters and use of explosives. Offences under the Rules are punishable by a maximum Rs50, 000 fines. Compared to other jurisdictions, this is very low and the deterrent effect could be very low. Higher fines for “serious offences”, such as those described in Article 21 of the 1995 UN Fish Stocks Agreement, are not distinguished.
The forms appended to the Rules are outdated and need review and revision to allow for fisheries management and implementation of international instruments, including the license application, license, catch data, discards, protected species, daily records, processing on board and voyage of chartered vessels.
The licensing procedures should be reviewed in order that a modern, transparent and accountable process can be established by law.