Centre forced to
decide on uniform fishing ban
Sandesh Prabhudesai
1 August 2001
The centre has been pushed into taking a
decision over unimplemented policy to impose uniform fishing
ban, at least along the west coast, as a result of a PIL filed
here in Goa.
While maintaining its last year's order of
banning fishing activity in Goan territory till 15 August,
the local bench of Bombay high court has instructed the central
ministry to file an affidavit in this regard as soon as possible.
The final hearing on the PIL is now fixed
for 15 October, while also making it clear that the interim
order of fishing ban till 15 August will continue in case
if the case prolongs once again till the next season.
The central ministry for agriculture and
fisheries is being roped into the hearing, based on a decision
taken in September 1998 to have a uniform fishing ban period,
at a meeting of the Southern Zonal Council of Fisheries held
in Mangalore.
The union ministry had accordingly conveyed
the decision to five states - Gujarat, Maharashtra, Goa, Karnataka
and Kerala - way back in May 1999 regarding the decision to
follow the uniform ban from 10 June to 15 August.
At least three states among them - Goa, Maharashtra
and Karnataka - had agreed to follow uniform ban at a two-day
workshop on sustainable fishery management organised by the
National Institute of Oceanography here in October last year.
But Maharashtra continues to follow its own
date, till 15 August, while Karnataka still follows the old
Goa pattern of banning fishing till 31 August. Goa however
even passed a legislation, restricting the ban period till
24 July. But the governor did not assent
to it.
Based on a cabinet decision taken in August
later at the behest of the powerful mechanised trawlers' lobby,
the state government had now pleaded to bring down the ban
period to 31 July.
But the high court declined to agree, while
accepting contention of Adv. Norma Alvares, the amicus curiae,
that no new data is submitted by the authorities, on the basis
of which the request could be considered.
On the contrary, the 'green' lawyer pointed
out that the production of fish is gone up this year as a
result of extending the ban till 15 August since the fish
was not disturbed during its breeding and spawning period.
Meanwhile, the mechanised trawlers have once
again entered the sea for fishing
during the ban period by defying the court order. The authorities
have not cancelled their licences and sealed the fishing jetties
like last year, but the only effective step taken is to stop
their diesel quota. The trawlers thus procure it through other
sources and continue fishing.
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