FISHERIES

Fisheries Legislation

Planning

Authorization system

The Aquaculture Authority has constituted State Level Committees (SLCs) and District Level Committees (DLCs). Applications submitted by farmers are received by the DLCs. After verification of the information and field level inspections, wherever necessary, the applications are forwarded to the SLCs for consideration. After recommendation of the SLC, the applications are forwarded to the Aquaculture Authority for approval.

First, those farmers who are operating traditional and improved traditional systems of aquaculture within the Coastal Regulation Zone (and within 1000 meter of Chilka Lake and Pulicat Lake) are required to apply for prior approval for adoption of improved technology for increased production and productivity. The application should be made in Form I and needs to specify the following issues:

• Name of the applicant.
• Address for communication.
• Details of location/land.
• Details of the traditional/improved traditional farm in operation.
• Date of commencement of operation.
• Details of improved technology proposed to be adopted.

• Name of the applicant.
• Address for communication.
• Authorization/approval for farm in operation /proposed.
• Details related to the land, including types of land (i.e. mangroves, wet lands, forest lands etc.).
• Details when the land partly falls within the Coastal Regulation Zone (or within 1000 meter of Chilka Lake and Pulicat Lake).
• Furnish Project Report, giving details with sketch (to scale) of design and layout of the farm in operation/proposed along with operational details, and water intake, supply, drainage and treatment facilities.
• Specification (based on EIA/EMP where carried out) whether:
  1. The aquaculture activity has the effect of causing salinity of soil or the drinking water of wells.
  2. The use of supplementary feeds will consequently increase sedimentation which on decomposition will be harmful to the environment.
  3. Such activity would cause siltation, turbidity of water course and estuaries with detrimental implications on local flora and fauna.
• Environmental Impact Assessment (EIA) report, if carried out.
• Details of the Environmental Management Plan (EMP), if drawn up.
• Layout, design and technical details of the Effluent Treatment Plant (ETP), if in operation/proposed.
• Copies of licenses/consents/approvals for the farm in operation/proposed obtained from any of the central/state authorities.

• The farm should restart operation/be set up/constructed only after obtaining authorization /approval from the Aquaculture Authority.
• The farm should not deviate from the approved design and operation.
• The farm should not cause salinisation of soil or drinking water or wells.
• The farm should not cause increased sedimentation and health hazards.
• The farm should not cause siltation, turbidity of water course and estuaries with detrimental implications on local fauna and flora.
• The farm should establish and operate an Effluent Treatment Plant and ensure that the effluent quality at discharge point conforms to the specific standards prescribed by the Pollution Control Board of the concerned state/union territory.
• This authorization/approval be exhibited in the premises and produced for checking whenever demanded by an inspection officer.
• The authorization/approval not being transferable.

In India, the acquisition of land rights to establish an aquaculture installation is normally a matter of private law. However, in practice this has been controversial due to aquaculture (shrimp) farms obstructing common rights of access to the sea or to water sources.

The Coastal Regulation Zone Notification No. SO 114 (E) (1991) , issued under the Environment (Protection) Act, defines the entire coastal stretch of seas, bays, estuaries, creeks, rivers and backwaters from the lowest low tide to highest high tide line and the coastal land within 500 m from the high tide line on the landward side as Coastal Regulation Zone (CRZ). Within the CRZ the setting up of industries and the expansion of new industries is prohibited, although exemptions are granted for activities that require direct waterfront or seafront access. Among the permitted activities, hatcheries are included.

As mentioned above, on 11 December 1996 the Supreme Court ruled that the shrimp culture industry is covered by the prohibition of the Coastal Regulation Zone Notification and that no shrimp culture pond can be constructed or set up within the CRZ and within 1000 meter of Chilka Lake and Pulicat Lake (including bird sanctuaries namely Yadurapattu and Nelapattu), except traditional and improved traditional types of ponds. The Supreme Court also ruled that agricultural lands, salt pan lands, mangroves, wet lands, forest lands, land for village common purpose and the land meant for public purposes shall not be used/converted for construction of shrimp ponds.

The Coastal Regulation Zone Notification provides for the preparation of Coastal Zone Management Plans, identifying and classifying the CRZ areas, by State Coastal Zone Management Authorities. At the central level, specific responsibilities have been allocated to the National Coastal Zone Management Authority, established by Notification SO 991 (E) (1998) of the Ministry of Environment and Forests, in accordance with the Environment (Protection) Act.

The Environmental Impact Assessment Notification (1994) , in accordance with the Environment (Protection) Act, specifies the industries and projects (listed in Schedule I) that require an EIA. The Notification also describes the procedure to be followed. Applications must be submitted to the Ministry of Environment and Forests and assessments should be completed within a period of 90 days. Schedule I does not list aquaculture.

The Guidelines for Sustainable Development and Management of Brackish Water Aquaculture (1995, see below), however, recommend to carry out a site selection process, which should include proper environmental impact assessment. They state that all aquaculture units above 40 ha should be subject to an EIA. State Pollution Control Boards (see below) should ensure that such an EIA be carried out by the aquaculture units. Shrimp culture units of 40 ha or more should also incorporate an Environmental Monitoring Plan and an Environmental Management Plan, which covers the following potential impacts: local watercourses, groundwater, drinking water sources, agricultural activity, soil and salinisation, waste water treatment and green belt development. Smaller farms between 10 ha and 40 ha must also provide information on these items.

References

Legislation