Environmental Law “Protecting the marine environment:

Assignment Role of environmental law and

policy.”

THE ICFAI UNIVERSITY, JAIPUR

SESSION: - 2019-20

Environmental Law’s Assignment

“Protecting the Marine Environment:
Role of environmental law and
policy.”

SUBMITTED BY: SUBMITTED TO:

Kirti Kushwah Mr. Vijit Singh
BA-LL. B (hons.) Assistant Professor
2nd Semester ICFAI Law School
Enrollment No. – ILS19219 The ICFAI University, Jaipur

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 Environmental Law “Protecting the marine environment:
Assignment Role of environmental law and
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ACKNOWLEDGEMENT

It is a great pleasure for me to undertake this report. I feel highly writing a report entitled –
“Protecting the Marine environment: Role of environmental law and policy.”

I express my sincere thanks to Mr. Vijit Singh, Assistant Professor, ICFAI Law School, The
ICFAI University, Jaipur.

I feel to acknowledge my indebtedness and deep sense of gratitude to

my guide whose valuable guidance and kind supervision given to me throughout the course which
shaped the present report as it shows.

Last but not the least; my Parents are also an important inspiration for me.
So, with due regards, I express my gratitude to them.

Kirti Kushwah
BA-LL. B (hons.)
ILS19219

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 Environmental Law “Protecting the marine environment:
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Introduction –

The marine environment has unique characteristics that distinguish it from other elements of nature.
Since seas and oceans cover more than two-thirds of the earth, they play a vital role in achieving
biological and climatic balance on the planet. The marine also plays an important role in human life,
since it has plenty of nutritious and industrial resources that directly affect human welfare. It also
contains huge amounts of oil and natural gas, which has played a role in the economic prosperity of
the world. Moreover, seas are considered a source of freshwater through resorting to desalination of
seawater in countries that suffer from a shortage of freshwater resources. In addition, the marine
environment is considered an important source of food for human beings and other living
organisms.

The aim of the report is to identify the legal framework for ‘protected areas’ in coastal and marine
areas in India, and to outline the procedures and the implications of the creation of such protected
areas. To assess the overall effectiveness the protection afforded to fragile coastal and marine
ecosystems, the demarcation of protected areas has to be further viewed in the broader context of
other laws aimed at their protection in India.

The legal framework relating to coastal areas in India is highly fragmented, with a multiplicity of
authorities and departments. From time to time, judicial interpretations, delegated legislations and
elaboration of national policies have contributed to this situation. This report seeks to outline the
legal mandate, functions and responsibilities of these organizations and identify their strengths and
weaknesses. This has to be viewed in the context of the international legal framework, in terms of
obligations as well as normative standards.

Finally, on the basis of our review, we aim to suggest a participative, equitable and effective model
of protection of the coastal and marine environment.

Sources Examined –

• Applicable laws, rules, regulations, standing orders and office memorandums thereunder at
the national and state levels.
• International instruments to which India is a signatory.
• Reports or guidance manuals on aspects of coastal and marine protection produced by
international organizations.
• Reports or guidance manuals on aspects of coastal and marine protection produced by
national or state-level authorities.
• Judgments of judicial bodies.
• Secondary sources such as books, articles, and reports.

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MPAs in India
India has a coastline of more than 7500 km1 with an exclusive economic zone (EEZ) of 2.02 million
km2 and a continental shelf area of 468,000 km2, spread across 10 coastal states and seven union
territories, including the islands of Andaman and Nicobar, and Lakshadweep. The extreme diversity
of the Indian marine ecosystem is attributed to the geomorphologic and climatic variations along the
coast. The coastal and marine habitat includes near shore, gulf waters, creeks, tidal flats, mudflats,
coastal dunes, mangroves, marshes, wetlands, seaweed and seagrass beds, deltaic plains, estuaries,
lagoons and coral reefs2. There are no legally defined categories of MPAs in Indian law. Currently,
existing MPAs are either declared as sanctuaries or national parks. Significantly, in India, MPAs are
designated for conservation and preservation of the ecosystem, and not for fisheries management.

Currently, there are 31 MPAs along India’s coastline (including the islands) that have been
officially declared for conserving and protecting coastal and marine biodiversity (SCBD 2006).
There are another 100 protected areas that have terrestrial or freshwater components, which partly
contain the marine environment. Most of the MPAs were designated during the 1980s and early
1990s. They were notified as either ‘national parks’ or ‘wildlife sanctuaries’, under the Wildlife
(Protection) Act, 1972, where, in most cases, no extractive activity is allowed (Rajagopalan, 2008).
These MPAs are sites of rich biodiversity. Over 700 species of seagrass and 25 species of marine
mammals (Cetaceans and Sirenians) are found in Indian waters. Sea cows, for example, are found in
the Gulf of Mannar, the Gulf of Kutch and the waters off the Andaman and Nicobar Islands.
The islands of Andaman and Nicobar and Lakshadweep, along with the Sundarbans, are considered
biodiversity hotspots, where large numbers of endemic plants and animals exist3. In fact, recently,
with an aim of scaling up marine protection, necessary for sustainable development of the ocean, a
global initiative of the Sylvia Earle Alliance ‘Mission Blue’ and the International Union for
Conservation of Nature (IUCN), has listed the Andamans and the Lakshadweep group of islands
among the 50 ‘Hope Spots, worldwide4. The following sections look at the legal framework of
‘protected areas’ in India, and at other laws aimed at protecting the coastal and marine environment
of India.

1
The official estimate of the coastline of India varies greatly. As per the Report of the Swaminathan Committee, “India
has a coastline of about 7,500 kms of which the mainland accounts for 5,400 kms, Lakshadweep coasts extend to 132
kms and Andaman &Nicobar Islands have a coastline of about 1,900 kms”, http://www.iczmpwb.org/main/pdf/ebooks/
Swaminathan_ Report.pdf. In another estimate, the coastline of India is 8129 kms. (Manual on Fishery Statistics,
Central Statistics Office, Ministry of Statistics and Programme Implementation (2011),
http://mospi.nic.in/mospi_new/upload/manual_fishery_ statistics_2dec11.pdf)
2
Ramya Rajgopalan, Marine Protected Area in India, Samudra Monograph (Published by ICSF, 2008), available at
aquaticcommons.org/1562/1/Samudra_mon5.pdf
3
Ramya Rajgopalan, Marine Protected Area in India, Samudra Monograph (Published by International Collective in
Support of Fisheries, 2008), available at aquaticcommons.org
4
A Hope Spot is an area of ocean that merits special protection because of its wildlife and significant underwater
habitats. Information available at http://mission-blue.org/hope-spots-new/

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Wildlife (Protection) Act, 1972 and Marine Protected Areas-

The Wildlife (Protection) Act, 1972 (Wildlife Protection Act), lays down the overall regime of
identifying and notifying areas as ‘protected areas’. The need to protect the marine flora and fauna
was specifically recognized and reflected in the statement of objects and reasons of the Wildlife
(Protection) Amendment Act, 19915.
The amendment of the Wildlife Protection Act in 2002 introduced the definition of ‘protected area’
through the inclusion of Section 2(24). Under the definition, a protected area means “a National
Park, a Sanctuary, a conservation reserve or a community reserve area as notified under sections 18,
35, 36A and 36C of the Act.” It may be noted that the definition under the act is not an inclusive
one rather, it specifies only four categories of protected area.
The procedural requirements for declaration, governance structures, and entailing rights, restrictions
and obligations for each category is outlined in the Wildlife (Protection) Act, 1972. Inthis section,
each category of ‘protected areas’, and the respective implications and applicability are examined in
the context of marine areas.
Sanctuaries6 Areas of “adequate ecological, faunal, floral, geomorphological, natural or zoological
significance” can be declared as sanctuaries for the purpose of protecting, propagating or
developing wildlife or its environment.
Sanctuaries can be declared by a state government or by the Central Government in respect of any
land transferred to it by a state government. The procedure for declaration as well as the
implications of such declaration is the same.7
Under Chapter IV of the Wildlife Protection Act, there is a set of procedures for areas falling within
any reserve forest8 or territorial waters,9 and there is a separate procedure for all other areas. In
terms of procedural requirements for the declaration of sanctuaries, they have been broadly
classified and discussed as in the following.

Areas not Comprising Territorial Waters (and Reserve Forests)-

Section 18(1) of the Wildlife Protection Act states, “The State Government may, by notification,
declare its intention to constitute any area other than an area comprised within any reserve forest or
the territorial waters as a sanctuary”. (emphasis added)

It is therefore clear that the procedure detailed in Sections 18 to 26 relates only to sanctuaries that
do not fall in the category of reserve forests or territorial waters. For such areas, the state
government has to first declare its intention to notify an area as a sanctuary. Thereafter, the
Collector is responsible for determining the existence, nature and extent of rights claimed by any
person in or over the notified area. The act also includes provisions for providing adequate notice in
regional languages, so that the affected people can meaningfully assert their claims.

5
Surender Mehra, Study and Practice of Wildlife (Protection) Act, 1972 Laws in India – Concepts, Acts, Rules and
Notifications (2012), at 18
6
A sanctuary is defined under Section 2(26) as “an area declared as a sanctuary by notification under the provisions
under Chapter IV of this Act and shall also include a deemed sanctuary under sub-section (4) of section 66”.
7
Section 38(1) of the Wildlife (Protection) Act, 1972.
8
“Reserve Forest” as declared by State Governments under the Indian Forest Act, 1927.
9
“Territorial Waters” as defined under Section 3 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone
and Other Maritime Zones Act, 1976.
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The act clearly requires that the Collector has to pass an order in respect of every claim raised–
whether it admits or rejects the claim. In case a claim in respect to a notified land is admitted, the
Collector can adopt any of these three possible actions:
(1) exclude such land from the limits of the sanctuary,
(2) proceed to acquire such land in lieu of compensation as provided under the Land Acquisition
Act or
(3) In consultation with the Chief Wildlife Warden, allow continuance of any rights over the land
within the limits of the sanctuary.
In any case, if a claim is admitted, the claimant will not be left without any relief. Sub-section (a) of
section 26A, which deals with such sanctuaries, clearly states that only after the settlement of all
claims can an area be declared a sanctuary. Further, the state government also has the responsibility
of making alternate arrangements for fuel, fodder and other forest produce in the interim period till
the final settlement of claims.

It is interesting to note that these safeguards were implemented only through the amendment of the
Wildlife (Protection) Act in 1991. As observed by the Supreme Court in Pradip Kishen v. Union of
India,10 “In substance, the thrust of the Section is the same except that earlier the State Government
could straightaway declare any area to be a Sanctuary by issuing a notification but under the
amended Section, it has to declare its intention to constitute any area other than an area comprised
within any reserved forest or territorial waters as a Sanctuary”.

However, though these safeguards have been implemented in these areas, they are not applicable to
areas that fall within reserve forests or territorial waters.

Areas comprising Territorial Waters-

Protected areas in territorial waters (and reserve forests), face a peculiar blind spot. For a sanctuary
comprising these areas, only a summary procedure under sub-section (b) of Section 26A is
provided. For such areas, the state government can merely issue a notification specifying the limits
of the area and declare it to be a sanctuary from a specified date.

For territorial waters, the state government is required to obtain the prior concurrence of the Central
Government, and the limits of the area of territorial waters to be included in the sanctuary are to be
determined in consultation with the Chief Naval Hydrographer of the Central Government.

Only a cursory regard is paid to the interests of the affected population in the second proviso to sub-
section (b) of Section 26, which states that “the limits of the territorial waters to be included in the
sanctuary shall be determined … after taking adequate measures to protect the occupational
interests of the local fishermen”. This provision pays mere lip service to the concerns of the affected
communities and does not provide any assurance, or even avenues, to raise legitimate claims. There
is no requirement of publication of any declaration of the intention to notify a marine area as a
sanctuary. Nor is there any procedure for raising any claims. In fact, nowhere does it even mention
consultation with local communities before declaring an area as a Sanctuary. The entire process
rests purely on the subjective opinion of the state government wherein “adequate measures” are to
be taken to protect the occupational interests of the local fishermen.

10
Pradip Kishen v. Union of India, (1996) 8 SCC 599.
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The implication of demarcating an area as a sanctuary is that it imposes restrictions on entry, access
and activities inside such areas. Only government officials and persons permitted by the Chief
Wildlife Warden or other authorized officers are allowed to enter or reside in a sanctuary. Permits
for the same may be issued only for restricted purposes such as scientific research, study of wildlife,
photography or even tourism. For any activity that destroys, exploits or removes wildlife, or
damages the habitat of wild animals, a permit is required from the Chief Wildlife Warden, provided
that the state government is satisfied that “such removal of wildlife from the sanctuary…is
necessary for the improvement and better management of wildlife therein”.11 There is, therefore, a
legislative restriction on the types of activity that can be permitted within sanctuaries.

National Parks12-

Areas of ecological, faunal, floral, geomorphological or zoological association or importance may

be declared national parks for protecting, propagating or developing wildlife or its environment.
A national park can be declared by the state government, or by the Central Government in respect
of any land transferred to it by the state government. The procedure for declaring an area a national
park by a state government is provided under Section 35. Section 38(2), applicable for a national
park declared by the Central Government, refers to the same provisions. The procedure for the
declaration of a national park is substantially similar to the procedure relating to sanctuaries, and
follows a similar differentiation between areas comprising reserve forests and territorial waters and
all other areas.
The provision to sub-section (1) of Section 35 states that where any part of the territorial waters is
proposed to be included in a national park, only the provisions of Section 26A will apply. For other
areas, sub-section (1) of Section 35 outlines the ordinary procedure for declaring the intention of the
state government to demarcate an area as a national park, and sub-section (3) states that the
procedure for determination and settlement of existing rights applicable to sanctuaries under
Sections 19 to 26A would apply to national parks as well.
Therefore, the same issues identified in the process of declaring territorial waters as sanctuaries are
applicable for national parks as well. This is further clarified in sub-section (3) of Section 35, which
mentions that when an area is intended to be declared a national park, the provisions of the
procedure for determination and settlement of existing rights are applicable only “in relation to any
land in such area”.
The primary difference between sanctuaries and national parks is that in the case of the latter, all
rights in respect to lands that are proposed to be included in the national park have to be vested with
the state government. For a sanctuary, on the other hand, a Collector may allow, in consultation
with the Chief Wildlife Warden, the continuance of any right of any person in or over any land
within the limits of the sanctuary.13 The activities in and relating to national parks are more
restricted. Sub-section (8) of Section 35 imports the application of some other provisions relating to
sanctuaries in the context of national parks. However, it does not include subsection (d) of Section
33 to national park. The implication of this is that certain activities that are allowed in sanctuaries –
that is, regulated grazing or movement of livestock, – are not permissible in national parks.

11
Section 29, Wildlife (Protection) Act, 1972.
12
A “National Park” is defined under Section 2(21) of the Wildlife Protection Act as “an area declared, whether under
section 35 or section 38, or deemed, under sub-section (3) of section 66, to be declared a National Park”.
13
This is permissible under Section 24(2)(c) of the Wildlife Protection Act, which has been specifically excluded in
Section 35 in respect of national parks.
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The oversight of the rights of communities dependent on fishing for livelihoods was sought to be
resolved to some extent by the Supreme Court in the case of Animal and Environmental Legal
Defense Fund v. Union of India,14where, in the context of the ecological impact of fishing permits
within a national park, it observed that “while every attempt must be made to preserve the fragile
ecology of the forest area, and protect the Tiger Reserve, the right of the tribal formerly living in the
area to keep body and soul together must also receive proper consideration. Undoubtedly, every
effort should be made to ensure that the tribal, when resettled, are in a position to earn their
livelihood.”

In terms of activities that destroy, exploit or remove wildlife, or damage the habitat of wild animals,
the restriction for national parks, mentioned in Sub-section (8) of Section 35, is similar to that for
Sanctuaries under Section 29. The only difference is that for sanctuaries, the permit is issued by the
Chief Wildlife Warden, and for national parks, the responsible authority is the National Board for
Wildlife. The legislative restriction on the type of permissible activities is similar to that in the
context of sanctuaries, that is, the state government has to be satisfied that “such removal of wildlife
from the sanctuary… is necessary for the improvement and better management of wild life therein”.
Conservation Reserves The concept of conservation reserves and community reserves was
introduced through the amendment of the Wildlife Protection Act in 2003. Both aim at the twin
objectives of improving the socio-economic conditions of the people and conservation of wildlife.
Conservation reserves are areas which are owned by the state government and are adjacent to, or
link to protected areas.

Since the criteria indicate that a conservation reserve can be “any area”, and that the purpose is to
protect “landscapes, seascapes, flora, fauna and their habitat” (emphasis added), a conservation
reserve could technically include a marine area.
Sub-section (1) of section 36A provides for consultation with local communities for such a
declaration. Further, the implications of declaration of an area as a conservation reserve are far less
stringent than for a Sanctuary or a national park in terms of restrictions on permissible activities. It
mostly relates to responsible and ecologically benign behavior within the area, rather than a
restriction of rights.

For the purpose of administration of such areas, the act provides that the state government is to
constitute a Conservation Reserve Management Committee, which includes representation of the
village panchayats of the affected areas and non-governmental organizations.

Community Reserves

Community reserve, a recently introduced concept, pertains only to land. The state government may
notify any private or community
land as a community reserve where individuals or any community volunteers to protect the flora
and fauna, traditions, cultures and practices related to the area. The act provides for the constitution
of Community Reserve Management Committee for the administration of such areas. However, the
concept of community reserves is related only to land, and marine areas are not to be included
within its scope.

14
Animal and Environmental Legal Defense Fund v. Union of India, AIR 1997 SC 1071.
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The Environment (Protection) Act, 1986 and MPAs-

The Environment (Protection) Act, 1986, is the umbrella legislation for the protection of the
environment, and allows the Central Government wide-ranging powers to address its different
aspects. Some of the relevant provisions are excerpted here:

Section 3

1. Subject to the provisions of this Act, the Central Government shall have the power to take all
such measures as it deems necessary or expedient for the purpose of protecting and improving the
quality of the environment and preventing, controlling and abating environmental pollution.
It specifically mentions that the Central Government has the power to impose “restriction on areas
in which any industries, operations, or processes or class of industries, operations or processes”
The Environment (Protection) Rules (EPR), 1986 further elaborate the power of the Central
Government to impose prohibitions and restrictions.

5. Prohibitions and restrictions on the location of industries and the carrying on of processes
and operations in different areas.
The Central government may take into consideration the following factors while prohibiting or
restricting the location of industries and carrying on of processes and operations in different areas:

v. The biological diversity of the area which, in the opinion of the Central Government needs to
be preserved.
vii. Net adverse environmental impact likely to be caused by an industry, process or operation
proposed to be prohibited or restricted.
viii. Proximity to a protected area under the Ancient Monuments and Archaeological Sitesand
RemainsAct, 1958 or a Sanctuary, National Park, game reserve or closed area notified as such under
the Wildlife (Protection) Act, 1972 or places protected under any treaty, agreement or convention
with any other country or countries or in pursuance of any decision made in any international
conference association or other body.

x. Any other factor as may be considered by the Central Government to be relevant to the
protection of the environment in an area.
From time to time, the Central Government, through the Ministry of Environment, Forests and
Climate Change, has notified ‘Eco-Sensitive Zones’ under Section 3(1) and Section 3(2)(v) and
(xiv) of the Environment (Protection) Act, 1986, read with Rule 5(3) of the Environment
(Protection) Rules, 1986. In declaring an area as an Ecologically Sensitive Area (ESA), a draft
notification is published inviting objections and suggestions from all persons likely to be affected
by the notification.

The Supreme Court of India has been hearing a petition filed by Goa Foundation with respect to
notifying ESA around national parks and sanctuaries in the country. The Supreme Court on 4
December 2006 directed as an interim measure that all projects within 10 km of the boundary of the
national parks and sanctuaries should be referred to the Standing Committee of the National Board
for Wildlife under Sections 5(b) and (c) (ii) of Wildlife (Protection) Act, 1972.
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The Government of India has specific criteria for declaration of ESAs as identified in the Pronab
Sen Committee Report15. The Pronab Sen Committee has defined ecological sensitivity or fragility
as follows:

Ecological sensitivity is defined as the imminent possibility of:

a) permanent and irreparable loss of extant life forms from the world; or
b) Significant damage to the natural processes of evolution and speciation.

The committee has identified 13 principal parameters of ecological sensitivity falling into three
broad categories of ecological significance.

Primary Criteria: -
Species based
1. Endemism
2. Rarity
3. Endangered species
4. Centre of evolution of domesticated species

Ecosystem based
5. Wildlife corridors
6. Specialized ecosystems
7. Special breeding site/area
8. Areas with intrinsically low resilience
9. Sacred groves
10. Frontier forests

Geomorphological features based

1. 11.Uninhabited islands in the sea
11. Steep slopes
12. Origins of rivers

The first of these categories is related to species and defines the characteristics of species that are or
may become threatened with extinction. The second category relates to ecosystems. Some of these
derive their importance from being essential to the survival of the first category, while the rest are
critical for maintaining the range and pace of evolution and speciation. The third category includes
geo-morphological conditions that are known to have a substantial effect on ecosystems at large. It
should be noted that these parameters relate only to ecological sensitivity and not to environmental
sensitivity, for which a broader set of criteria may need to be developed.

15
Report of the Committee on Identifying Parameters for Designating Ecologically Sensitive Areas in India, Ministry of
Environment, Forests and Climate Change, Government of India (2000).
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Fisheries Regulation in India-

Fisheries management in India can be categorized into management of fisheries in the Exclusive
Economic Zone (EEZ) and in territorial waters. According to the Constitution of India, the Central
Government has jurisdiction over the fisheries in the EEZ, while the state governments have
jurisdiction over the fisheries in the territorial waters.

With an approximate coastline of 7,500 km, an EEZ of over 2 million km2 and with extensive
freshwater resources, the fisheries play a vital role in ensuring food and livelihood security to
millions of Indians, especially the poorer coastal communities. The marine fisheries, supporting 1.5
million fisher people directly and many more indirectly is an important sector in India.

Union-Level Fisheries Management

The following are some of the important central legal and policy frameworks for fisheries
management:

Comprehensive Marine Fishing Policy, 2004

The Comprehensive Marine Fishing Policy, 2004, seeks to bring the traditional and the coastal
fishermen in focus together with stakeholders in the deep-sea sector so as to achieve harmonized
development of the marine fisheries in both the territorial and extraterritorial waters of our country.

The policy objectives are

(1) to augment marine fish production of the country up to a sustainable level in a responsible
manner so as to boost exports of seafood from the country and to increase the per capita fish protein
intake of the masses,
(2) to ensure the socio-economic security of the artisanal fishermen whose livelihood solely
depends on this vocation and
(3) to ensure sustainable development of the marine fisheries with due concern for ecological
integrity and biodiversity.

The policy calls for adopting fisheries management regimes such as registration of fishing vessels,
observation of closed fishing
seasons, proscription of destructive fishing methods, implementation of mesh size regulations,
reduction of bycatch and discards and establishing an effective monitoring, control and surveillance
mechanism. The guideline specifically calls for compliance with the Code of Conduct for
Responsible Fisheries (CCRF) and other international rules and regulations in the management of
fish stocks. Besides these, a uniform fishing holiday is declared every year in the EEZ along the
east and west coasts. A national committee has also been constituted to effectively implement the
provisions of the 1995 CCRF.

Fisheries development and planning is undertaken through the Five-Year Plans formulated by the
government since 1951. The initial Five-Year Plans focused more on the ‘development’ of the
sector, and on increasing production, while it was only in the Ninth and Tenth Five-Year Plan
periods that the need for conservation and management was explicitly recognized.

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Guidelines for Fishing Operations in Indian EEZ

The Department of Animal Husbandry, Dairying and Fisheries, under the Ministry of Agriculture,
vide Public Notice dated 14 December 2006, decided to allow the operation of deep-sea fishing (20
m OAL and above) vessels in the Indian EEZ under joint venture. Proposals are subjected to certain
guidelines and considered according to their merit by the Inter-ministerial Empowered Committee
on Marine Fisheries.
The following Indian legal instruments at the central level that also relevant and important for the
fisheries and fisheries management:
• Indian Fisheries Act, 1897
• Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 and the
Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Rules, 1982
• Coastal Aquaculture Authority Act, 2005
• Marine Products Export Development Authority Act, 1972
• Merchant Shipping Act 1958

State-Level Fisheries Management

• Fisheries management is undertaken mainly through licensing, prohibitions on certain

fishing gear, regulations on mesh size and establishment of closed seasons and areas under
the Marine Fishing Regulation Act (MFRA).
• Zones are demarcated by each state on the basis of the distance from the shoreline (from 5
km to 10 km) or depth. These inshore zones, where trawling and other forms of mechanized
fishing are not permitted, are perhaps the most important space-based fisheries management
measures in place.
• Fisheries within the 12-mile territorial limits are managed under the MFRA of
• the maritime states of India. Some of the important management measures adopted under the
MFRA are prohibition certain fishing gear, regulations regarding mesh size, establishment
of closed seasons and areas, demarcation of zones for no-trawling, other measures such as
the use of Turtle Excluder Devices (TEDs) and designation of no-fishing areas.
• The closed season or ‘monsoon fishing ban’ is another important ‘temporo-spatial’
management measure implemented along both the east and west coasts of India for a period
of 47 days and 65 days, respectively, during what is considered to be the spawning and
breeding season. However, the closed season differs in each state.

Conclusion-

The legal instruments and tools available for creation and protection of marine areas are diverse.
The wildlife, coastal, environmental, forest and fisheries laws afford different levels of protection to
marine areas. However, no single instrument on its own can ensure effective protection. A lot
depends on the local situation, i.e., the nature of threats and the perception of the communities
living in and around the existing and proposed marine areas. Any tendency to create an MPA
without an effective ground-level assessment will prove counter-productive.

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The fact is that coastal areas are under an increasing threat on account of massive industrialization,
many of which may not be necessarily dependent on the waterfront. Coastal communities are
already struggling to ensure protection and access to traditional fishing grounds. Port projects,
petrochemical complexes, power projects, tourism projects and a range of other commercial
activities have created an environment of conflict between those who depend on marine areas for
theirlivelihoods and those who control the new commercial developments. Any policy to create and
strengthen new MPAs must be alive to the above-mentioned reality of the coastal areas, since
creating MPAs strictly as nature reserves is bound to lead to further marginalization of coastal
communities.
It is challenging to apply conventional conservation laws and policies to marine areas due to the fact
that wildlife conservation laws have been framed keeping in view terrestrial issues and concerns, as
is evident in the case of the Wildlife (Protection) Act, 1972. The act and its various provisions are
geared towards the creation of protected areas within the terrestrial landscape. Through subsequent
amendments, mainly to meet its international obligations, certain provisions have been incorporated
to include marine areas within its scope. However, as the legal analysis shows, treating territorial
areas as equivalent to reserve forests is problematic, from the perspective of community rights as
well as long-term conservation goals.

The provisions of the Environment (Protection) Act, 1986 and, specifically, the power to declare
Ecologically Sensitive Areas (ESAs), offer scope since their adverse impact on the livelihoods
needs of traditional communities is minimal whereas they achieve broad environmental
conservation goals. However, as stated in the reports, there are pros and cons with respect to ESAs
that needs to be considered.

In addition to the creation of MPAs and declaration of ESAs, an effective focus is required on
empowering citizens to enforce laws and policies related to marine conservation. The National
Green Tribunal (NGT) was set up through an Act of Parliament with the mandate for efficacious
and effective adjudication of issues concerning the protection of environment. It has a mandate for
adjudicating on all ‘substantial questions related to the environment’ that affect the community at
large. Significantly, the NGT has powers to issue directions for restoration of ecology as well as
compensation for victims of environmental degradation in accordance with the polluter pays,
principle. Various environmental statutes including the Environment (Protection) Act, 1986 come
within the jurisdiction of the NGT. Recent decisions of the NGT with respect to prohibition of sand
mining on beaches are a case in point.
At the end of the day, unless local and other concerned citizens and groups play an active and
vigilant role in defending and preserving marine biodiversity, new legal and policy measures are
unlikely to bear any positive results.

There is thus a need for empowering communities about existing laws and seeking their active
support with implementing the laws.

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