Fisheries Administration and Lagislation

Unit 6 - Laws and policies related to the environment

6.10. Biological Diversity Act 2002 (No. 18 of 2003)
The Biological Diversity Act 2002 has three main objectives:

• the conservation of biodiversity;
• the sustainable use of biological resources;
• Equity in sharing benefits from such use of resources.

Among its key provisions relevant to fisheries, it provides for measures to conserve and sustainably use biological resources, including habitat and species protection, environmental impact assessments (EIAs) of projects, and integration of biodiversity into the plans, programmes, and policies of various departments/sectors. It also provides for the establishment of State Biodiversity Boards SBB at state level, and a National Biodiversity Authority (NBA) and most importantly biodiversity management committees (BMCs) at the local bodies’ level which is defined to mean local self-government level. The role of BMCs would be quite critical in the coastal context. The National Biodiversity Authority also has representation from the Ministries of Ocean Development, Agriculture and Science and Technology among others which has direct implications on the Coastal and Ocean Management from the biodiversity stand point. The Biodiversity Act also provides for creation of biodiversity heritage sites which can be declared by the state government in consultation with the local bodies. Further, the Central Government also has the power under this Act to notify threatened species and prohibit or regulate the collection of such species in any such biodiversity area. By implications this could also include marine or coastal areas. Some organizations and people feel that the basic framework of the Act is problematic, since it accepts intellectual property rights on biodiversity, could be used to further commercialize biodiversity, and does not truly empower communities. Others feel that the Act provides some potential for checking biopiracy, achieving conservation, and facilitating community action. They stress that a combination of strong rules, and amendments related to the above points, would help strengthen this potential. It is also relevant to add that the Biological Diversity Act is also a reflection of the commitment or the fact that the India is committed to the Convention on Biological Diversity.

Equitable sharing of benefits
If any foreign company, assess the pharmaceutical plant extractions, then royalty should be given to all the persons be given to all the persons involved in its preparation. The part of royalty is also to the person who is involved in its conservation. The royalty is distributed among the persons according to their contribution. The foreign companies can’t access flora and fauna without talking permission from the authority even if it is for research purpose.
Article 21: Sharing of benefits of various kinds.
Section 36, 37- Declaration of biological heritage sites
Section 38- Export inspection agency
Section 37: It gives powers to the state government to declare areas of biodiversity importance as biodiversity heritage sites. However this declaration has to be in consultation to local bodies such as panchayats, gram sabhas and biodiversity management committees.
Creation of Biodiversity Management Committees (BMC) at the village level. BMCs are supposed to help communities in management, protection and recording of local biological diversity. Provides for the declaration of areas being conserved for agricultural or wildlife biodiversity as Biodiversity Heritage Sites (BHS). This act includes all elements of biological diversity, domestic and wild and provides for protection of all kinds of ecosystems. The National Biodiversity Authority (NBA) and the State Biodiversity Boards (SBB) established under the Act are required to consult the local BMCs while taking decisions related to the use of biological resources and knowledge associated with such categories.
The provision of BMC and BHS could be used to increase local community participation in wildlife and biodiversity conservation and enhance livelihoods. BMCs could be strong local institutions for management and conservation of biodiversity and the rules made under the Act could have strengthened this aspect of the act. The provisions of Biodiversity Heritage Sites could be used to provide legal backing to CCAs, but this will depend on how BHS are defined and interpreted in the Rules or Guidelines for their implementation.

Objectives of biodiversity Heritage Sites
Biodiversity is closely linked to ecological security and therefore human welfare. Such area often represents an interface between nature, culture, society and technology. Creation of biodiversity heritage sites shall not put any restriction on any prevailing practice of local communities. The biodiversity heritage sites are defined as those areas that are unique, ecologically fragile ecosystems, terrestrial, coastal, inland waters comprising of any one or more of the following component.

• Richness of wild as well as exotic species
• High endemism
• Presence of rare and threatened species
• Keystone species
• Wild ancestors of domestic and cultured species. Preeminence of biological component represented by fossil bed and having significant, cultural, ethical and aesthetic value and are important for maintenance of cultural diversity. The State biodiversity beard shall invite suggestion for declaration of BHS through BMC’s and other relevant and other community issues. The State biodiversity board should come up with list of areas which have to be designated as BHS.

Public discussion
Once the site is approved preliminary notification should be issued and open for discussion. Based on the suggestion and objection raised, a team has to be constituted by BMC’s and SBB for conducting the studies for proper understanding of BHS. The team should conduct study for 3 to 4 months on following aspect.

• History of land/water body
• Current status of land ownership
• Biodiversity based livelihoods
• Community composition
• Existing Institution
• Ecological profile
• Cultural practices
• Impact of restrictions

The report shall be submitted by team to the BMC and forwarded to SBB and the final notification shall be made by SBB.

Sharing of benefits of various kinds
It includes sharing of benefits among SBB, local communities and biodiversity management committee. It includes value addition of biodiversity flora and fauna.
Processing of declaring BHS

• SBB Willingness
• Expert panel
• BMCs recommendation
• SBB Notification

Management of BHS
BHS management committee will be constituted by BMC or panchayat and approved by the SBB. The committee should include representatives from all sections of local people. A management plan should be prepared for BHS. The SBB shall direct all govt . dept to help for implementation of biodiversity management plan. No restriction is likely to be placed on the existing utilization of resources but restrictions could be imposed on intensity of use.
Any new project should get the approval of management committee.
National park and sanctuaries are fully restricted for human habitation but according to Scheduled Tribe and Forest Dwellers Act 2006. The ST which are fully dependent on the forest are allowed to be there in National park and sanctuaries but with certain restrictions.
1. Ecologically sensitive areas
2. There is no restriction on ongoing activities
3. There is restriction on hazardous industries expansion of industries and harvesting of forest products for ecologically sensitive areas.
4. Sahyadri ecologically sensitive areas (Proposed)
5. Kodachari ecologically sensitive areas (Proposed)
6. Dhanu ecologically sensitive areas in Maharashtra
7. Rich in horticultural crops etc
8. Thermal power plant is in its region
Panchayat (Extension of scheduled areas) act, 1995
According to this act the scheduled areas should not be used for construction of industries. But in Orissa, Poscow steel plant got the permission for establishment of industries in scheduled areas. In Orissa-Bhitkanica national park is considers as Marine protected area, but trawlers came to harvest fishes in this region from nearby port. About 30 km of Orissa coast is considered as Marine protected areas in the form of marine parks, sanctuaries.