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Community Based Integrated Community Based Integrated Coastal Management OverviewCoastal Management Overview
-- INDIAINDIA
A. RamachandranA. RamachandranCochin University of Science and TechnologyCochin University of Science and Technology
School of Industrial FisheriesSchool of Industrial FisheriesCochinCochin--682016682016
e.maile.mail: : [email protected][email protected]: +91Mobile: +91--9447094470--6240062400
India is one of major fish producing countries in the world with third position in fisheries and second in aquaculture.
The annual fish production rose to over 6.3million t during 2004-05 from around 0.75 million t in 1950-1951.
The marine fish production increased from 0.53 million t in 1950-51 to a maximum of 2.99 million t in 2002-03 and 2.78 million t during 2004-05
Presently, fisheries and aquaculture contribute 1.04% to the national GDP and 5.34% of agriculture and allied activities.
These resources are one of the main sources of livelihood for the rural poor, particularly the fisher community.
Fisheries can provide livelihood for over 90 lakh at subsistence level of annual income.
At present, an estimated 14 million people are engaged in fishing, aquaculture and ancillary activities.
The coastal fisheries is under pressure due to :
high fishing intensities, pollution, open-access, manmade modifications, water abstraction, etc.
In these waters sustainable exploitation of fish stocks can be achieved through community participation and co-management.
. S ch em atic r ep rese n tatio n o f v ario u s d o m in an t in teractin g for ces actin g on c oa sta lecosy ste m in In d ia
H u m a n se ttlem en t(P op u la tion d en sity
b etw een 67 7 & 2 159 /Sq . K m .)
C o a sta l ero sio n d u e to P o llu tio n M in in g o f sand , m usse ls ,e tc . D o m estic P ort ac tiv it ies , Ind us tr ia l C ons truc tio n o f b rid ges , e tc . A q uac u ltu re D es truc tio n o f M a ng ro ves A gric u ltu re C ons truc tio n o f h o uses & S p iling o f d ie se l & fac to ries K ero s ine fro m F is h in g b o a ts
C O A S T A L
E N V IR O N M E N T R ec la m a tio n C o n stru ctio n o f
da m s/d ikes in rivers
G ro u n d w a ter u sag e C h a n g e in la n d u se
INDIAN PRIORITY PROGRAMMES UNDER WELFARE SCHEMESTransfer of technology and Capacity building’
Development of Model fishers villages,
Group accident scheme foractive fishers and Saving-cum-Relief under Welfare Programmes,
Establishment of Awareness Centers, Training programmes for fishers,
Extension literature & Video films, Trainers’ training & Refresher courses
Constitution:
Fishing and fisheries beyond territorial waters Fishing and fisheries beyond territorial waters 57 57 Regulation and development of interRegulation and development of inter--State rivers and river valleys. State rivers and river valleys. 56 56 Regulation of mines and mineral development. Regulation of mines and mineral development. 54 54 Regulation and development of oil fields and mineral oil resourcRegulation and development of oil fields and mineral oil resources. es. 53 53
Industries. Industries. 52 52 Union List Entries Union List Entries
Industries subject to the provisions of ListIndustries subject to the provisions of List--I. I. 24 24
Regulation of mines and mineral development subject to the proviRegulation of mines and mineral development subject to the provisions of sions of ListList--I. I.
23 23
Fisheries. Fisheries. 21 21 Land, Land, colonisationcolonisation, etc. , etc. 18 18 Agriculture, protection against pest and prevention of plant disAgriculture, protection against pest and prevention of plant diseases. eases. 14 14
Public health and sanitation. Public health and sanitation. 6 6
State List State List Entries Entries
Population control and family planning Population control and family planning 20A 20A Economic and social planning. Economic and social planning. 20 20 Protection of wild animals and birds. Protection of wild animals and birds. 17B 17B Forests. Forests. 17A 17A
Common or Concurrent List Entries Common or Concurrent List Entries
As conferred by Article 246(1), while the Union is supreme to make any law over the subjects enumerated in List I, the States, under Article 246 (3), enjoy competence to legislate on the entries contained in List II, and both the Union and the States under Article 246(2) have concurrent jurisdiction on entries contained in List III. In the event of a clash, the Union enjoys a primacy over States in that its legislation in the Union and the Concurrent List prevails over State legislations. Also, the Parliament has residuary powers to legislate on any matter not covered in the three Lists (Art. 248).
The Wildlife Protection Act, 1972Wild Life Act, 1972
The Wild life (Protection) Licensing (Additional Matters for Consideration) Rules, 1983;
The Wild Life (Protection) Rules, 1995;
The Wild Life (Specified Plants - Conditions for Possession by Licensee) Rules, 1995;
Forest Conservation Act, 1980;
Forest (Conservation) Rules, 1981;
National Forest Policy, 1988;
Biological Diversity Act, 2002;
There are many legislations on Air, Water, Environment, Hazardous substance management, Solid waste management, and so on. Such laws also have a bearing on fishing and fisheries.
Source: NIO, Goa
THE MARINE FISHERIES (REGULATION AND MANAGEMENT ACT, 2009
A Bill to provide for regulation of:
•FISHING, FISHING ACTIVITIES & FISHERIES IN THE MARITIME ZONES OF INDIA
•CONSERVATION AND SUSTAINABLE USE OF FISHERIES•REGULATION OF ALL VESSELS ENGAGED IN DIRECT ORINDIRECT EXPLOITATION OF FISHERIES RESOURCES IN THE MARITIME ZONES OF INDIA•MAINTENANCE OF LAW AND ORDER •PROTECTIOIN OF NATIONAL SECURITY INTERESTS IN THE •MARITIME ZONES OF INIDIA•AND FOR MATTERS CONNECTED THEREWITH AND INCIDENTAL THERETO.
The new initiatives are:
•Hut insurance scheme, Group insurance of fishers and farmers •Mediclaim policy,
•Incentives to Fisherwomen groups (SHG),
•Safety at sea and Assistance to FISHCOPFED under Welfare Programmes;
•Formulation of National Fisheries Development Policy under policy issues, Co-management, CCRF and certification of boatyards and hatcheries under Management and governance;
•Capacity building at the State level Use of IT in ToT, Programmesfor EDUSAT, Vocational education in fisheries schools, Capacity building of fisheries co-operative Associations, NGOs, SHGs
•Strengthening of Service delivery system
•Revitalization of Co-operatives,
•Capacity building/training and Demand generation for fish under Cooperatives and Public-Private partnerships;
•Location-specific field trialsand Demonstration units,
•Trickle down extension and Involving NGOs inToT•under Demonstration and Exhibitions; and Fisheries Technology
•Establsihment of the National Fisheries Development Board (NFDB)•in the Tenth Plan is a major turning point in the Indian fisheries sector.
•The proposed outlay for fisheries development during the XI Plan is Rs 4,013 crores,
Employment
Nine lakh full time and 11 lakh part time fishermen marine fisheries related activities
Four lakh in fish marketing,
three lakh in repairs of fisheries requisites,
around 50,000 in fish processing and
four lakh in other ancillary activities.
31.5 lakh people are engaged in fishing and farming operations directly or indirectly
Physical achievements under Marine Fisheries scheme during X Plan
Item/activity Target Achievements Achievement %
Motorisation of traditional craft (No.) 10,000 10,910 109.10Introduction of intermediate craft ofimproved design (No.) 62 18 29.03Resources specific Deep sea Fishingvessels including 50 Vessels with VMS (No.) 50 11 22.00Safety of fishermen at sea (No.) 1,666 500 30.01Fishermen development rebate onHSD (KL) 166,667 72,000 43.20
•In the 10th Plan, central assistance of Rs 125 crore was provided under various•components for development of marine fisheries infrastructure.
•Six major fishing harbours, 40 minor fishing harbours and 151 fish landing centres have been completed and put to use.
•The remaining 18 fishing harbours and 37 fish landing centres are at various stages of construction.
•Considering the importance of the scheme for marine fisheries development the scheme is continued during the XI Plan
Development of Model Fisherman Villages
•For providing basic civic amenities,such as housing, drinking water and construction of community hall for fisherman.
•The villages were provided with tube wells at the rate of one tube well for every 20 houses.
•For recreation and common working place, a fisherman village with at least 75 houses is eligible to avail financial assistance for construction of a community hall.
Group accident insurance scheme for active fisherman
•Rs 50,000 against accidental death or permanent total disability and
•Rs 25,000 for permanent partial disability.
Saving -cum –relief scheme•To provide financial assistance to fishermen during lean fishingseason.
•Under this component, the beneficiary has to contribute a part of earnings during non-lean months.
• A matching amount is provided with equal contribution from Centraland State government and the accumulated amount is distributedback to fishers in four/three equal installments at the rate of Rs 300per month to marine/inland fishers.
Scheme on Fisheries Training and ExtensionTo provide training to fishery personnel to enable them to undertake fisheries extension programmes effectively.
The scheme also provides assistance to fisherfolk in upgrading their skills.
National Co-operatives Development Corporation (NCDC),
•Strengthening of existing co-operatives by providing assistance on liberal pattern for expansion of their activities; and
•Development of potential areas by organising functional cooperativesin these sectors.
•The Corporation has formulated specific schemes and pattern ofassistance for enabling the fishery co-operatives to take up activitiesrelating to production, processing, storage, marketing, etc.
National Federation of Fishermen’s Co-operatives Limited (National Federation of Fishermen’s Co-operatives Limited (FISHCOPFED)
Is the apex organization of fishermen cooperatives in the country.
Its activities could be classified mainly into two categories:
promotional and welfare.
1.Promotional activities of FISHCOPFED include organization of conferences, supporting capacity building initiatives at various levels, transfer of technology to stakeholders, liaison with member organizations and agencies, etc.
Welfare activities of the federation include implementation of thecentrally sponsored Group Accident Insurance for Active Fishermenscheme, etc.
Problems in the operations of co-operatives at optimum levels are:
Weak collaboration/coordination among various institutions involved in management and operation of co-operatives at primary, district andstate level;
rivalry among individuals/groups, lack of adequate infrastructure; lack of human and financial resources, lack of skills among the management workers and fishers.
FISHCOPFED can play important role in strengthening the linkage and co-ordination among co-operative at various levels.
National Bank for Agriculture and Rural Development(NABARD), Mumbai
NABARD is an apex institution, accredited with all matters concerning policy, planning and operations in the field of credit for agriculture and other economic activities in rural areas in India.
The Bank has credit plans for investment in marine (Motorisation of traditional crafts, introduction of mechanised vessels, introduction of item specific vessels), coastal aquaculture (shrimp farming, shrimp hatcheries and mariculture units) and others including processing and cold storage plants, feed mills and infrastructure development.
Coastal Aquaculture Authority, Chennai
Mandated to protect the ecologically fragile coastal areas, seashore, waterfront and other areas through regulation of shrimp culture in coastal States and Union Territories of India.
The Authority promotes development of sustainable and responsible shrimp farming practices within and outside the Coastal Regulation Zone.
Bay of Bengal Programme (BOBP-IGO), Chennai
The Bay of Bengal Programme, an Inter-Governmental Organization(BOBP-IGO) has evolved from the erstwhile Bay of Bengal Programmeof the Food and Agriculture Organization of the United Nations.
It is mandated to enhance cooperation among member countries, othercountries and organizations and provide technical and managementadvisory services for sustainable coastal fisheries development andmanagement in Bay of Bengal region.
It is focusing on helping the member countries in sustaining fisheries production and ensuring livelihood security for millions of fisher folk in the region.
Human Rights and Environment
The 1972 Stockholm Declaration proclaimed that man’s natural and man made environment are essential to his well-being and to the enjoyment of basic human rights-even the right to life itself.
In 1986, the United Nations General Assembly recognised the relationship between the quality of human environment and the enjoyment of basic human rights [UNGA resolution 2398 (XXII) 1986].
The 1992 Rio Declaration emphasized sustainable development and environmental protection.
Moreover, Agenda 21 called for the fulfilment of basic needs, improved living standards for all, better protected and managed eco-systems and a safer, more prosperous future..
The nature of environmental and human rights problems is similar in all South Asian countries.
The right to life, a fundamental right, has been extended to include the right to a healthy environment.
In India, the state has a duty to protect and preserve the ecosystem.
This is a part of the directive principles of state policy and not a fundamental right.
The right to life has been used in a diversified manner in India.
It includes, inter alia, the right to survive as a species, quality of life, the right to live with dignity and the right to livelihood.
In India, this has been expressly recognised as a constitutional right.
Another expansion of the right to life is the right to livelihood (article 41), which is a directive principle of state policy.
This extension can check government actions in relation to an environmental impact that has threatened to dislocate the poor and disrupt their lifestyles
The third aspect of the right to life is the application of public trust doctrine to protect and preserve public land.
Public trust is being increasingly related to sustainable development, the precautionary principle and bio-diversity protection.
Moreover, not only can it be used to protect the public from poor application of planning law or environmental impact assessment, it also has an intergenerational dimension.
In 1994, the Supreme Court of India directly mentioned the principle of sustainable development and tried to balance the social, economic and ecological aspects.
The 1990’s definition of sustainable development emphasized the relationship between development and environment, and a balance between the two.
More sophisticated challenges were made where the Indian courts were asked to deal with polluting industries, to prevent encroachment of wetlands and to preserve forests and vegetation.
In S. Jagannath case, the court while dealing with commercial shrimp farming, held that a strict environmental test is required before permission is granted for the installation of such farming in fragile coastal area. It added that there must be a compulsory environmental impact assessment which would consider intergenerational equity and rehabilitation
Polluter Pays Principle and national application
In India, the principle of absolute liability has been applied in pollution cases to determine environmental liability and has been applied against the public bodies.
This arose from the tort concept of ‘strict liability’ and does not allow any exception.
Most of the time, it has been defined as an integral part of sustainable development.
The Indian Court applied the polluter pays principle (PPP) in cases related to accidental pollution and environmental damage caused by industrial waste and ordered compensation for the harm caused aswell as the obligation to pay for the preventive control.
In India there has been one landmark judgement by the Supreme Court with respect to access to marine resources.
The plaintiff in the case was the purse-seine boat owners’ association and the defendants were the state of Kerala and the artisanalfishworkers union.
The case dealt with the question of prioritization of rights.
The court concluded that the action taken by the state to curb the rights of a few hundred investors (purse-seine boat owners) who wish to harvest marine resources in pursuit of profits was fully justified.
This was deemed both legal and constitutional considering that it was undertaken in the interest of protecting the rights of thousands of traditional, artisanal fishworkers for whom access to marine resources was their main source of livelihood.
The right to life and livelihood was given higher priority over the right to do business.
Clearly spelling out property-rights for marine resources is anecessary condition for resource management and governance.
Therefore, the issue really is not whether to grant property rights, butrather to whom it should be granted.
The strikes of Indian fishworkers during 1994-95 against the entry of joint ventures into the Indian EEZ point unequivocally to this principle.
Equity and Fisheries Access
Most fisheries regimes may be considered rights-based.
ITQ regimes have been theoretically constructed and specified according to neoclassical economic prescriptions.
In such regimes, maximization of net benefits in terms of narrowly defined economic values is paramount.
Equity considerations are notably absent, while important collateral economic values bearing on the welfare of fishery-dependent communities are routinely ignored.
With respect to equity impacts, ITQs are especially noted for large windfall gains from public resources to small groups and for corporate and geographical concentration of fisheries access rights.
This result relates to the way in which ITQs, typically, have been implemented.
Division of powers between the Centre and States
• Under the Constitution of India, fisheries within the territorial waters, which extend up to a distance of twelve nautical miles from shore, is a state subject and the primary responsibility of its development rests with the state government.
• The central government is responsible for all fishing activity that takes place beyond this limit- the deep sea or EEZ (exclusive economic zone) than extends up to a distance of 200 nautical miles.
.• The state government has command over the fisheries, which are in the territorial waters of 12 miles, over communities that are dependent of the fisheries in the area and the marine resources in the area.
In Goa in 2000, all licenses of trawlers registered with the fisheriesdepartment of Goa were suspended. However, this could not be sustained on along term basis.
• A 45-day ban on the east coast of India is in place.
• Banning of midnight trawling in certain parts of Tamil Nadu and Andhra Pradesh.
B) Central government policies• The Majumdar Committee (1976)The committee was appointed to study the situation regarding conflicts between traditional and modern workers. It proposed the Marine Fishing Regulation Bill, and suggested a seasonal ban on trawlers.
New Deep Sea Fishing Policy (1991)
The policy involved three schemes –
leasing out of foreign fishing vessels to operate in the Indian EEZ, engaging foreign fishing vessels for test fishing and forming joint ventures between foreign companies and Indian companies on 49:51 equity basis in deep sea fishing, processing and marketing.
Government of India started giving licenses to joint venture, lease and test fishing vessels.
This was opposed by millions fisher people.•
Murari committee (1995)
•It came up with 21 recommendations, some of them being:
• No renewal, extension or new licenses be issued in future to joint venture/charter/ lease/ test fishing vessels.
•The present licenses be cancelled as per going through the legal procedures,
•Up grade the skill of the fishing community to equip them with exploiting the deep sea resources,
•Stop pollutions,
Supply of fuel at subsidised rate,
Fishing regulations in the entire EEZ,
A separate ministry to deal with the entire fisheries,
Monsoon trawl ban.
The area already being exploited or which may be exploited in the medium term by fishermen operating traditional craft or mechanized vessels below 20m size should not be permitted for exploitation by any vessels above 20m length except currently operated Indian vessels which may operate in the currentareas for only three years.
C) Some state government policies
• The Tamil Nadu Marine Fisheries Act, 1983: Three nautical miles to traditional fishermen, beyond that mechanised boats to carry operations.
Mechanised fishing boats to leave only after 5 am and come back not later than 9 pm.
Registration and licensing of all vessels.
Regulations on gear and mesh size
Kerala and its policies:
Kerala passed the Marine Fishing Regulation Act in 1980
Trawl Ban for 47 days
The Babu Paul Commission (1982) with 16 unanimous decisions like ban on pursesienE, seasonal ban up to ten kilometers on trawling etc. but this could not be implemented.
Kerala Government appointed the Talwar Committee to enquire into the matter pertaining to conflict between the two sectors- traditional and mechanised. This report submitted in 1985 asked for the reduction of number of existing 5000 trawlers in Kerala to 1145.
•
• Regulation has not been successful in alleviating the problems:
Numerous central and state legislations have not led to resolving conflict between the two sectors, nor have they secured the numbers of the species of fish.
• Regulation may be responsible for perpetuating the problem:
Different governments put into place different policies, which clash with the interests of the traditional fishermen. There is no commitment from the government to stick to a regulatory framework, just like therecommendations of the Murari committee, after being accepted, were not implemented. This leads to a loss of faith in the authorities.
Coastal Regulation Zones Act (CRZ) -1991
Regulates development within sensitive coastal zones along the entire Indian coast.
The CRZ Notification has protected the livelihoods and activities of fisher and other coastal communities.
“Most of the fishermen associations are satisfied with the present CRZ regime. as it safeguards the coastal and marine ecosystems with the areas protected and no large developmental activities being permitted in the CRZ area.
The No Development Zone of 200 metres in the rural areas, i.e. in the CRZ III areas, have helped the fishermen to berth their boats, drying fish, mend nets, etc., thereby protecting their fishing rights”(Swaminathan Committee Report).
CRZ Regulation
State Government Regulations
Grama Panchayat
& MuncipalitiesPeople
Central Government
Fig: 6. Top to Bottom enforced structure of CRZ Regulations
KERALA COASTAs per CRZ notification
200 Meter No-Development Zone
Between 200-500 M Coastal Zone500 M
LTL
HTL
At the same time the government has proposed that the Coastal Zone Management (CZM) Notification replace the CRZ Notification based on the recommendations of the Swaminathan Committee’s Report. However, the CZM Notification does not provide for the rights and access of coastal communities.
For example, livelihood activities such as fishing in CZM I waters andshores have not been mentioned, thus compromising the livelihoodsecurity of traditional fish workers, according to them.
By not prioritising these activities in CZM I areas, the Notification has equated all activities without recognising the differential impacts caused by various activities.
In view of the above, a fishers’ movement has built up across the east coast in Tamil Nadu, Kerala, Andhra Pradesh, as well as Orissaand West Bengal.
Set back line
Expected Sea water rise (50/100 years)
Model for setting Set Back Line under CZM
Intertidal zone
Expected Sea water rise
Intertidal Zone
Territorial Sea
Set back line
Area under CZM in the new notification of Govt. of India
KERALA COASTAs per CRZ notification
200 Meter No-Development Zone
Between 200-500 M Coastal Zone500 M
LTL
HTL
Expected Sea water rise
Intertidal Zone
Territorial Sea
Set back line
Areas within CZM as per new notification
Mechanized Mechanized uptoupto 15m 15m –– uptoupto 50 50 kmskmsbut not 10.7 nm (20 but not 10.7 nm (20 kmskms))Mechanized above 15m Mechanized above 15m –– beyond 26. beyond 26.
Non Non ––mechanized: up to 9 mechanized: up to 9 mtsmts –– till 4.3 till 4.3 nm (8 km)nm (8 km)Non Non --mechanized above 9 mechanized above 9 mtsmts –– uptoupto19931993West Bengal West Bengal
* * uptoupto 15 15 mtsmts –– beyond 2.6 nm (5 km)beyond 2.6 nm (5 km)*above 15 *above 15 mtsmts –– beyond 5.39 nm (10 beyond 5.39 nm (10 km)km)
2.6 nm (5 km)2.6 nm (5 km)19821982OrissaOrissa
*Mech. boats *Mech. boats –– beyond 5.39 nm (10 beyond 5.39 nm (10 km)km)*20 m OAL and above *20 m OAL and above –– beyond 12.4 beyond 12.4 nmnm (23 km)(23 km)
5.39 nm (10 km)5.39 nm (10 km)19941994Andhra Pradesh Andhra Pradesh
Beyond 3 nautical milesBeyond 3 nautical miles3 nautical miles3 nautical miles19831983Tamil Tamil NaduNadu
Mech. boats below 25 GRT Mech. boats below 25 GRT –– beyond beyond 5.39 nm (10 km)5.39 nm (10 km)Mech. boats above 25 GRT Mech. boats above 25 GRT –– beyond beyond 12.4 nm (23 km)12.4 nm (23 km)
5.39nm (10 km)5.39nm (10 km)19801980KeralaKerala
Vessels Vessels uptoupto 50ft beyond 3.23 nm (6 50ft beyond 3.23 nm (6 km)km)Vessels above 50ft beyond 10.79 (20 Vessels above 50ft beyond 10.79 (20 km)km)
3.23 nm (6 km)3.23 nm (6 km)19861986Karnataka Karnataka
Beyond 2.6 nm (5 km)Beyond 2.6 nm (5 km)2.6 nm(5 km)2.6 nm(5 km)19801980GoaGoa, Daman and , Daman and DiuDiu
55--10 fathoms10 fathoms19811981MaharashtraMaharashtra
Beyond 5 nm (9kms)Beyond 5 nm (9kms)5 nautical miles (nm)5 nautical miles (nm)20032003Gujarat Gujarat
Area reserved for Mechanized craft Area reserved for Mechanized craft ((uptoupto 12 nautical miles)12 nautical miles)Area reserved for traditional craftArea reserved for traditional craftYear AdoptedYear AdoptedStatesStates
Classifications of Fisheries Classifications of Fisheries Management systemsManagement systems
Type Characteristics
Private Ownership with transferable right
Ownership rights are held by individual fishermen as in the case of fixed engines like stake nets and China nets.
State Ownership Ownership right of certain Reservoirs and lakes are kept with the Government and access for fishing is banned for the fishermen or the public
Sole Ownership All fishing activities dictated by Government as sole owner as in the case of certain Reservoirs and the fishing right is auctioned to fishermen group or societies.
Limited Entry Schemes Access and withdrawal rights restricted by the government as in paddy fields during periods of non cultivation.
Leasing of water bodies – Government and Private
For Prawn filtration and fish farming wherein the ownership of the water bodies rests with the Government / private owner of the land or farm
Licensing system for various crafts and gears
It can be for specific crafts/ gears for a specific period of time and or location
Co-management Management system based on negotiation. In true sense this will involve the participants and the State as the custodian of the fishery. This is only in the formation stage in Kerala or in any other parts of the country. In some parts the fishermen societies work as linkages to share the resources in a somewhat judicious manner without conflicts.
Type Characteristics
Closed season This adopted for trawlers in coastal waters and for Giant Prawn fishing in certain inland water bodies during breeding season Bottom trawling in coastal waters is banned from 15th July to 31st August every year by a law.
Common Ownership( unofficial- without any legal support or Governmental support)
Resource owned and managed jointly by a small group of self-governing fishers. Unlike in other countries there is no legal support or Governmental support for this arrangement. Each participant in the fishery then depends on the arrangements or rules worked out in the fishermen societies or group.
Type Characteristics
Success Stories
1. Self-help groups in Fisheries in Tamil NaduPunnakkayal village has the largest number of SHGs in an Indian village with over 50 groups consisting exclusively of fisherwomen.
Today, there are several examples of successful fisherwoman SHGsin the region and their experiences need to be promoted in other states also.
The fish market at Nilankarai is managed by fisherwomen belonging to 12 SHGs. The management practices established by this group demonstrate their efficiency and unity.
Similarly, The SHGs formed by fisherwomen in Vellapatty village in Tuticorin has enabled its members to conduct individual business involving a wide range of activities, including fattening of crabs for sale in the local market.
Mudialy Fishermen’s Co-operative Society, KolkataRegistered in 1961, obtained 70 ha of waterlogged wasteland – cum-garbage dump from Calcutta Port Trust and 10 ha from the State Government.
The Society has since engaged in production of fish in the sewage water and has also set up a Nature Park involving growth of an eco-tourism centre and extensive plantations of fodder plants, dust absorbing plants, canopy trees and agri-horticulture plants.
In the process, the society has not only been successful in treating 25 million litres of waste water through biological means ofpisciculture, but has also provided various facilities to its members like daily-wage medical and educational assistance, funeral aid, marriage aid and Housing advance.
The integrated and mutually beneficial nature of these activities has converted a stinking, disadvantaged area into an ecologically friendly expanse of greenery.
The Society has successfully cultured Indian major carps as well as many exotic carps and successfully demonstrated the technology for sewage water fisheries.
Farmer’s Associations or Aqua clubs in Thanjavurand BhimavaramShrimp farmers in Thanjavur district have formed village level associations and organize regular meetings to follow good management practices for achieving eco-friendly and sustainable shrimp farming.
The Association members also inspect the shrimp hatcheries located at Chennai and Marakanam areas and collect seed samples for testing in at least three PCR laboratories to ascertain the presence/ absence of pathogens.
The tested seed is purchased in bulk, which is then divided amongst the members of the Association as per their requirement.
If a viral disease affects any farmer’s crop, all precautionary measures are taken to prevent the spread of the disease to the other ponds.
The Association also suitably compensates the affected farmer’s loss.
Sri Subrahmanyeshwara Aqua Club in West GodavariDistrict, Andhra PradeshTo promote co-operative approach in management of shrimp farming cluster-based shrimp farms, aqua clubs have been setup in Andhra Pradesh.
A total of 128 aqua clubs with a membership of 3367 farmers is now existing in the state.
However, one of the best initiative of this kind is the S.S Aqua club in Mogalthur Village is West Godavari district of Andhra Pradesh. The Club comprises 58 farmers with 108 ponds spread over 58 ha and the farmers involved are mostly small-scale, practicing improved traditional farming with low investments.
The above two initiatives by the shrimp farmers in the Tamil Nadu and Andhra Pradesh need to be replicated in the other coastal states also where shrimp is fast developing on commercialscales.
Source: NCF, 2005; DARE, 2003, 2004, 2005, 2006
TRADITIONAL PANCHAYAT ( Informal Panchayat)
Akkaraipettai Village in Tamil Nadu is under the control of the traditional Panchayat which consists of the President, Secretary, Treasurer and 12 members of the committee.
All the problems are dealt with by the traditional Panchayat only.
The traditional Panchayat has played a vital role in deciding and allocating tsunami assistance to the people.
The formal Panchayat is working with the traditional Panchayat.
The society consists of 2,890 male and 1,880 female members.
Approval(District Planning
Committee )
Technical and Financial Apprisal(Expert Committee)
Annual Plan of Higher Tiers(Block Panchayat & District Panchayat)
Annual Plan Finalisation at Gramma Panchayat(Grama Panchayat & Municipalities )
Projectise the Recommendations & SuggestionsOf Development Seminars
(Task Forces)
Development Seminars(Grama Panchayats & Municipalities)
Idenitfication of the needs of the people(Grama Sabhas & Ward Conventions)
Sequence of Identification, scrutiny & approval of Projects and Plans under Peoples’ Participatory Programme
There is a separate society for both men and womenThe Society collects 75 rupees for saving.
Up until 2003 women used to get only 600 rupees and men 1,200 rupees as compensation for during Deepavali time.
However, now both receive 1,200 rupees as compensation for the rough season.
If a member of the society dies under the age of 60, the family get an insurance payout of 51,000 rupees.
However, if the person is over 60 they do not get anything
South Indian Federation of Fishermen Societies (SIFFS)SIFFS is the apex body of organisations of small-scale artisanal fish workers which started in January 2004.
Prior to the tsunami it had 86 members in one particular village.the society takes care of all fishing-related needs of the member
The selling or auction of the catch is done collectively by the society, thus obtaining a much better price for the fishermen.
To take care of the lean period, the society provides finance at 12 percent per annum to meet this demand. This is deducted on a daily basis from the earnings realised from the catch.
•The society also provides a savings service & all the members are insured.
•Fishing unit (all five members including the crew) is insured against accidental death at sea, at a 165 rupees annual premium.
•The uniqueness of the scheme is that it is impersonal, and is irrespective of which crew goes in which boat and if the crew change their team.
•All this has been possible because of collectivisation.
•Since the institution provides all kinds of services for fishing, the members get a nominal discount
•and preference for availing of the services.
The village societies are federated into district federations which are primarily responsible for conflict resolution and advocacy.
.Boat owners as members and by virtue of the same, had only malemembers.
Crew are taken as associate members on the recommendation of theboat ownersMembership has now grown over 200 with more than 400 associate members who are crew.
SIFFS has also started forming groups with women who are engaged in fish vending.
SIFFS has been able to work towards risk reduction in the fishermen’s traditional occupation by coming out with unique insurance schemes due to its ability to influence insurers based on the scale of its memberships.
Vallarpadam Island, Kerala (Lobe and Berkes, 2003)
There are 7 fishing grounds in the area.
There are a total of 288 stake nets,and 126 fishers utilizing them.
Of these 126, 48 have state sanctioned licenses and the remaining 78 don’t.
Four of the padu grounds consisting of 144 nets are used solely by thelicensed fishermen.
The sites in these 4 grounds are allocated to specific fishers and arenever changed- license is specific to site of the ground.
The remaining three padus consists of 144 fishing sites and is used by 78 unlicensed fishers and it is in these parts that the padu system isfollowed.
These 3 grounds operating with the unlicensed fishermen use a system of rotational access.
Each of the 3 grounds has its own cooperative, called sangham.
The three sanghams are not linked to each other, even though they follow a common system of fishery management and fish the same water with the same gear.
The sanghams are registered with the state’s registrar’s office, but are not recognized by the state fisheries department.
Members of the sangham belong to the vala caste.
Beginning 1974, state legislation required all fishers to have a state sanctioned license.
By officially replacing the pattayam system, licensing led to the problem of open access
Thus there arose conflict between traditional fishers and new license holders.
The sangham members- the fishers that fish in that padu.
Sangham meets and decide on fishing locations assigned and rules made.
There are three issues that the sangham tries to resolve: equitable access, providing collective social responsibility and mechanisms for conflict resolutions.
Lottery Method is used to assign fishing rights in a location
.
Providing collective social responsibility:
Each sangham has an element of collective social responsibility incorporated in its structure and function.
Kodipadu and Muruganpadu incorporate an additional net in their rows, which is owned by the sangham.
It is auctioned to members every fifteen days, the auction carried out at a time
Additional funds are collected by charging a fee for renting out fishing locations.The location can be rented out to other members of the sangham on a yearly basis.
The renter and owner must pay the sangham Rs 1000 each to facilitate the transfer, which must be provided for in writing to the sangham, thus allowing for short-term work, without giving up membership of the sangham.
Providing mechanisms for conflict resolution and rule making:
The sangham resolves internal conflicts among its members and makes rules to facilitate operations.
Conflicts within the sangham are dealt with meetings.
The padu system also prohibits fishing during incoming tide when shrimp are migrating from the sea to the backwaters.
Sanctions to impose this rule are different in each sangham, ranging from written warnings to fines of Rs 100.
In case of repeated offenders, they are expelled from the sangham.
.However, the legal protection for the management system is weak.
They neither have the license or the legal authority to manage the fisheries. There is no mechanism for the three groups of illicitfishermen to coordinate with one another.
While each sangham is limited in its own membership, there is no overall control of fisher numbers as a whole, or on those who may want to fish the waters.
Japanese Cooperatives (Yamamoto, 1995)
The Japanese cooperatives are an example of macro commons- the system applies to the entire coastline of the inlands of Japan.
These are formal communal arrangements, where Fishery Cooperative Associations (FCAs) hold the rights to coastal marine resources andimpose strict conservation measures on their members.
There is no conceptual distinction in Japan between land holdings andland tenure and sea holdings and sea tenure, since fisheries rights have a legal status equal to that of land ownership.
According to the Fisheries Law (1949) fisheries rights in the sea area under the jurisdiction of a Fisheries Cooperative Association (FCA) are the bona fide personal property of the Individual members of that association, to whom they are distributed by the association.
Each FCA establishes regulations for the control and operation of various types of fishery in an Equitable, efficient and sustained manner, as local conditions dictate.Sea tenure in Japanese coastal waters operates at various levels, ranging from the national Government, through the prefecture and the local FCA, to the fishing squad and finally to the individual fisherman.
However, an FCA belongs entirely to the local community of fishermen.
Its principal functions remain planning, managing and continuing sustained development of the local sea territory to which a community has tenure.
Detailed application of basic ministerial or prefectural guidelines is left entirelyto the FCA -- in which every fisherman is ensured a voice -- and in many instances to the specialized fishery squad.
Local community perceptions of social and “owned” space are one ofthe keys to understanding the territorial and tenurial behaviour of Japanese coastal fishermen, since community norms are flouted at one's peril and the threat of social banishment is real and horrifying.
On the other hand, the anonymous prefectural regulations,
(1) FCA's Proposal: Every FCA makes their proposal to prefecture governor as to how to make harmonious use of fisheries resourcesavailable in sea area right off their coast by referring to the conditions of fishing license and fishing right as stipulated by the fishery law.
(2) Regional Fisheries Coordination Committee: At every prefecture, a regional fishery coordination committee (RFCC) has been established with 16 committee members, of whom 9 are elected among fishermen. RFCC prepares CFMP, taking into account the FCA proposals and referring to past fisheries data.
(3) Prefecture Governor: In response to applications from FCAs based on the CFMP, the prefecture governor issues/grants fishing licenses and fishing rights.
(4) FCA Fisheries Management Committee: Within a FCA, there are several different groups of fishermen who employ different gears or aquaculture and they are responsible for allocating its fishing area and/or resources to fishermen's groups concerned, in an equitable manner.
Models for India
•Keeping the incentive structure of ITQs in mind, and the organisation of the Japanese cooperatives, the following models of fishery management are proposed for India:
• Calculate the maximum sustainable yield (MSY) along a coastline.•The share (in weight) of each fishing family would be arrived at by dividing the MSY by the number of families
•Thus the share in percentage of each family is determined, which remains constant forever.
•The actual amount of fish entitlement would depend on MSY as calculated•periodically.
•Whether of a particular caste/ clan or not, the quotas would still bind people together.
•This enables the formulation of norms and rules easily. Enforcement also becomes easier in such close-knit environment
Thus, communities along a coastal belt can form their respectivecooperative, which would then put into place a system of rules and regulations with respect to timing, gears, access etc, to monitor their activities and enforce the quotas, and also to resolve any potential conflicts.
All cooperatives could come together form a body that would coordinate the activities of the cooperatives, as in the case ofMATYAFED ( Federation of Fishermen Cooperatives in Kerala)
Ethical, legal and social issues related to deep sea fishing
The important negative aspects observed in India are:
General restriction of fishing areas within 40 fathoms depth, Use of large number of vessels,
Overexploitation of some species(while the catching of the other species are not economic),
Capital intensive operations,
Discard of unwanted fish ( approx. 1,30,000 tonnes catch annually) and heavy fishing pressure on shrimp resources(10).
Issues related to artisanal capture fisheries
Overexploitation of fishery resources,
Destructive fishing practices,
Damage to natural habitats,
Conflicts with other sectors,
Ffishing in non-traditional areas,
Misuse and wastage of surplus catches,
Non-compliance with unwritten laws like respect for the fish, respect for other fishermen, appreciation of the environment, passing on information to others, and adopting egreed ethics & tactics.
The major ethical issues in respect of capture fisheries of India may be summarised as:
water quality maintenance and protection,
Abatement of pollution, protection of natural bio-diversity,
Protection of traditional fishing areas, customs and habitats, sustainability of fishing practices,
Ensuring social, ecological and technical stability, protection, restoration and recovery of endangered species and stocks,
Balancing population pressure in neighbouring areas, and conflicts with other developmental actions as well as other fisheries sectors
The more important social, legal and management issues specifically related to capture fisheries of India are:
Reduction of excess fishing capacity,
Multi-species management of resources, control of discarded incidental catches including marine mammals, sea birds, sea turtles etc.
Development and use of selective, environmentally safe and costeffective fishing gear and technique,
Sustainable development of unexploited or under-exploited species, protection of endangered species and strict compliance of fishing area norms- specially with artisanalfishing and deep-sea fishing.
.
An important observation to be made here is that in most cases, the non-governmental sea tenure system adopted by fishers themselves work reasonably well all over the world.
For example, in Tamil Nadu, fishermen are known to recognize the right of fisher communities to control the fishing actions.
One way to describe this is to say that the coastal waters are under tenure, subject to the rules of neighbouring settlements.
The role of public-private cooperation in the management of estuarinefisheries: Learning from the Kerala model of co-management
Cherai poyil
Cherai Poyil is a brackish water pond with an area of 210 hectares located in the Kerala State of Indian peninsula at the extreme north-west opening of the Cochin estuary, which opens to the Arabian Sea at Azheekode.
Cherai Poyil is a typical example of how a local state (GramaPanchayath) and communities together share the responsibility to allocate fisheries to various fishing groups and private entrepreneurs in the northern side of the Cochin estuary.
The fishing territory managed jointly by local fishing communities and gramaPanchayath is known as kappu
Rights and responsibilities of Panchayath in managing poyilfisheries
Today, kappu is the property of Pallipuram Grama Panchayath and itsmanagement is coordinated by a sub committee which includes electedcouncilors, fisher representatives and leaders of local political parties. The Panchayath has learned from its past experience that direct mundane supervisory functions were expensive and community cooperation was highly essential to ensure better governance.
At the same time both the communities and local Panchayathrecognized that community based management might not be feasiblefor want of modern skills to mange socio-ecological complexities of modern markets.
Thus it was quite natural that both of them searched for viablemanagement alternatives as direct management by any one agency appeared to be economically and politically expensive.
Thus the Panchayath decided to lease out the primary fishing rights as the leaseholder possessed resources and market information.
And then on words the present practice of auctioning systemstabilized.
An important factor assisted that choice was the stable growth in the volume of trade from the village to international markets.
Increasing demand for prawns motivated a number of private entrepreneurs to lease in kappu fisheries and manage it according to locally laid down norms of the Panchayath.
They motivated local traders and merchants to take over fishing rights over kappu.
The top most authority of kappu management is the Panchayathwhich participates in this joint management exercise mainly because it receives money from this contract.
It leases out the water body to the contractor who in turn allocates fishing rights to various gear groups including women.
This transfer however, is subject to a set of rules and regulations regarding the use of different fishing practices, type of gears, mesh size regulation etc.
The person who bids for fishing rights has to follow these regulations strictly.
An important feature of fisheries governance in Kappu is the role of local institutions.
There are formal and informal rules that govern the use of resources in kappu.
These rules bring in the necessary order, stability and momentumto the economic activities of local fisheries.
When the contractor executes contract, the local Panchayathhands over a written set of rules that direct fishing activities in the kappu during his tenure.
The contractor accepts these rules, executes a bond, pays the first installment of the auction amount and takes over the administration from the Panchayath.
The following are some of the major operational rules in the local area. Major local management rules
Auctioneer is allowed to fish only from the stake nets situated near thesluice and the distance between the stakes will be 16 meters.
Fixing the stake should be with a gap of 5 meters from the bund for easy transportation.
The display board that shows the fees details of different fishing methods will be placed in a notable place and the auctioneer has to fish only from stake net or sluice net.
He is not allowed do fishing with loop net, Koori Vala, Chemeen Vala.
Auctioneer is not permitted to use bag nets(stake nets) without informing the Panchayath when the bund is opened for irrigation purposes
The current orders of the government regarding fishing have to beobeyed.
The auctioneer is having no right to ask for any compensation for his loss due to the blockage of canal for the construction of bridges or any other developmental activities may comes.
Without the permission of Panchayath it is not allowed to change thelocation of existing Chinese nets and
those who are changing ownership of Chinese net will have to inform officially to Panchayath and the auctioneer of particular year. The profit share as to be paid at Fishermen welfare fund by the auctioneer
Fishermen are not allowed to use Koori vala (Trammel net) other than the months of Edavam, Midhunam and Karkkidakam (monsoon season).
A close look at the formal rules of the Panchayath reveals many interestingfeatures.
First, there are directions to the contactor about the need to organizehis activities without obstructing activities of other stakeholders and developmentactivities.
Second, there are indications for the type of fishing that he isauthorized to undertake
and finally the general formal legal processes of the State government with respectto the uses of various coastal resources other than fisheries.
Most of these are operational rules designed to accommodate interests of multiple users of estuarine resources and services by ensuring an equitable distribution among various gear groups.
Roles of various partners in cooperative fisheries management
The partnership arrangement between local Panchayath and leaseholder andtheir relations with local communities has been mutually beneficial to theparticipating agents in a number of ways.
Panchayath participates in these joint management efforts as this partnership yields cash income and monitory returns.
For the leaseholder, there is clarity in the ownership and tenure which restraintthe rest of the communities to encroach on his property.
Communities accept his procedure as an ideal alternative that delivers the required management services to kappu fisheries by reducing their risks and uncertainties.
Local state: upholding formal rules and regulations of central and stategovernment
Being the owner of poyil, Panchayath has to make sure that various gear groups and the leaseholder comply legal codes and regulations passed both by the central and state governments from time to time.
These are rules that directly or indirectly impinge on the economic activities (fisheries, aquaculture, public works, irrigation, agriculture, tourism, mining etc.) undertaken by local communities on the estuarine ecosystems.
The Panchayath adopts an informal approach that delays enforcement of these norms and follows the principle of political lobbying, community participation and negotiations as elements of alternate management strategy.
For instance, there are issues between local Panchayath and the costal regulation zone management authority regarding the implementation of CRZ rules within village limits.
Instead of implementing these rules in total, the Panchayath has been adopting a policy to negotiate exceptions for the benefit of local communities.
Similarly, the Panchayath also act as an appellate authority and intervenes in resolving conflicts between communities and contractors or/and other government departments.
Rights and responsibilities of contractor
Since the contractor has to pay a huge amount as rent to Panchayath, hereserves right to catch prawns by fixing stake nets.
One of the major functions of the contractor is the regulation of entry into thefisheries as a precondition to avoid the “tragedy of the commons”.
In fact, he has introduced a system of “entry pass” to grant access to various fishing teams.
All gear groups have to obtain this entry pass before commencing fishing in the kappu from the office of the contractor.
Public-private cooperation for decentralized management of Poyil fisheriesThe question is whether such locally evolved cooperative problemsolving management practices sustain the health of ecosystem anddeliver the required services to local communities.
Cooperative management as practiced in Cherai poyil brings in a number of definite advantages to local communities.
First,regulated fishing guarantees secure livelihoods for local fishermen and women.
Regulated fishing also facilitates resource conservation.
Resource conflicts and conflict management
Conflict management
The Panchayath has also constituted a conflict resolution committeeconsisting of the secretary, three standing committee members, one each fromFinance, Development and Service Departments, two opposition party members.
This committee is headed by the President.
The management regime ensures equitable distribution of resources and even grants access to outsiders in times of crisis.
Moreover the system is highly useful and flexible to manage local level resource conflicts.
These economic and social advantages are explained below.
Limitations and challenges of decentralized cooperativeManagement
The system of resource allocation and management confronts a variety of challenges today.
The influences of fast growing international modern markets haveproduced mixed responses among various agents involved in the process of governance.
For local communities, there are limits to resources and territories.
They need assistance and support to benefit from such economic progress.
Their primitive technologies and meager economic surpluses keepthem away from benefiting from the modern markets and development.
Pressure to open up commons
Since fisheries in Cherai kappu is regulated, there is general feeling that kappufishermen are relatively wealthy than the rest of the fishing communities around.
Therefore, there is a high pressure for getting access to kappu fisheries andbeing direct users, communities have greater responsibility to maintain resources sustainable.
Most often, this is not possible and resource conflicts do arise in the management of fisheries.
First of all the communities’ voices in granting entry to various kinds of gears into poyil fisheries are not heard by the contractor
Communities fail to prevent degradation of environmental qualityand conserve estuarine biodiversity due to the lack of cross-scale institutional processes andorganizational arrangements.
Some of these issues are detailed below.
Failure to regulate externalities
Kappu communities also fail to prevent destructive activities undertaken by other users and the costs associated with these externalities.
For instance, local aquaculture farms pollute the kappu by constantly changing the water using water in the poyil while all the sediments and pollutants from these farms are being flushed into the kappu.
During harvests they even poison farms to collect all prawns and the water released from these farms pollute kappu.
Conclusion
Cooperative resource governance is a unique arrangement by which local governments accepted the role of communities in resourcemanagement and provided more space for their activities and initiatives in the management of the natural resources.
The timely restructuring and flexibility of the system in tune with the changing forces of modernization and external pressures is a must for success.
Rights to resource: Promote the livelihood rights of fishing communities anddefend their rights to retain coastal lands and sustainably access fisheries andother coastal living resources
Promote the rights of fishing communities to participate in decision-making and management processes; engage with international decision- making processes that have a bearing on the rights of fishing communities.
2. Trade: Monitor international and regional trade issues in fisheries from a smallscale fisheries perspective; promote trade that is compatible with food andlivelihood security; engage with international decision- making processes on tradethat have a bearing on food and livelihood security in fishing communities.
Social and cultural issues: Valorize social and cultural aspects of fishing communities
Environmental sustainability: Promote sustainable use of resources within the frame work of national, state level and regional Acts, Regulations and Rules.
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