Coastal states may have to follow uniform fishing-ban period

Sandesh Prabhudesai in Panaji

The five coastal states -- Gujarat, Maharashtra, Goa, Karnataka and Kerala -- may have to follow uniform period of ban on mechanised fishing in the Arabian Sea, if the Bombay high court upholds a decision taken last year.

Norman Alvares, lawyer and environmental activist, brought this to light while pleading in support of a public interest litigation filed by a citizen. He has challenged the Goa government's decision to advance the traditionally followed period of ban on fishing.

In order to allow spawning and breeding of fish, Goa earlier followed the ban from June 1 to August 31 every year. This ban period was reduced to 54 days from the earlier 90 days -- June 1 to July 24 -- in 1995 due to the trawler lobby's pressure.

While admitting the petition last week in continuation of the interim order passed in July by the court to ban fishing till 15 August, the high court fixed the next hearing in the case on October 16. Alvares is likely to produce documents regarding the uniform dates of the ban then.

Alvares disclosed before the court that the Union secretary, Fisheries, had informed all the five states in May 1999 about the decision to follow a uniform ban period.

"The decision (to follow uniform ban dates) was taken at a meeting of the Southern Zonal Council of Fisheries in September 1998 and conveyed to all the states by the central government in May 1999," said Alvares.

Incidentally, all the states have been following varying dates for fishing ban. Due to this, numerous complaints of intrusion by trawlers of neighbouring states into other fishing territories had sprung up.

Saying that Karnataka trawlers fish in Goan waters during the ban, Goa Assembly (having four legislators owning trawlers) had the Fishing Act amended.

However, the Maharashtra government had seized many Goan trawlers off Vengurla coast, found to have been fishing in 'foreign territory'. One of these trawlers belonged to Goa Sports Minister Francisco Silveira.

The issue arose after the high court passed an interim order on July 20, extending the ban on fishing activity till August 15 while the government was restricting it to July 24. The National Institute of Oceanography, however, had recommended a ban till August 31.

To counter this move, the monsoon Assembly session then unanimously passed an amendment bill, fixing the ban period from 1 June to 24 July, while also barring any court from reviewing it.

Alvares then filed a contempt petition against the state for not implementing the ban. The court then cancelled licences of all the mechanised boats and disallowed them from using jetties for fishing activity.

Though this restricted fishing activity till August 15 somewhat, the trawler lobby again hit back by compelling the state government to take a cabinet decision, fixing the ban period from 1 June to July 31, extending the earlier date by seven more days.

"You do not need to talk to the fish. We know when they come and breed," said Goa Chief Minister Francisco Sardinha, when asked whether the dates were fixed on the basis of some study. "It is a middle path we have worked out," he added.

Though the government has now filed an affidavit based on the cabinet decision, Alvares has objected to it. He argues that it would neither protect the interests of the fishermen nor result in ecological conservation.

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