This document is part of the reference guide to laws, created and published to help unpack the vast and complicated landscape of laws useful for the protection of India’s coasts. Information contained in this document is collated from various sources.  Treat this as a beginner’s reference guide, useful for people on the ground, who are committed to protecting India’s coastal commons. Visit …. to take a look at the other sections of the reference guide. 

This document provides a short summary of important sections of various non-fisheries laws which pertain to the protection of traditional fishing practices. 

Fishing practices are principally dealt with through the various fisheries legislations that are made at the state level, such as the various Marine Fisheries Regulation Acts. In this section, we provide information on special provisions for protection of fisheries that are provided for in other legislations that one would normally not associate with fisheries. 

Traditional fishing practices are protected in the Indian coastal regulatory and legal framework in the following forms, and through corresponding measures:

RECOGNITION OF TRADITIONAL FISHERIES IN FOREST AREAS 

Community entitlements to fishing can be claimed under the Forest Rights Act, 2006, and under the Land Acquisition, Rehabilitation and Resettlement Act, 2013 – 

Forest Rights Act, 2006 – 

• S. 3(1) lays down the rights of forest dwelling Scheduled Tribes (STs) and other traditional forest dwellers (OTFDs). Subsection 3(1)(d) includes under such rights “other community rights of uses or entitlements such as fish and other products of water bodies”. This means rights to fishing can be claimed by communities within forest areas. 
  
• S. 13 of the Act lays down a list of what constitutes evidence for a forest rights claim. The list includes physical features, like wells, which constitute evidence of the existence of a traditional use of a space. Under this section, the physical feature of ‘fishing grounds’ also constitutes evidence for a forest rights claim, and can be claimed for access and use under the Act. 

RECOGNITION OF TENURIAL FISHERIES RIGHTS 

• The definition of an ‘affected family’ under S. 3(c)(iv) includes families dependent on forest resources, including “fisher folk and boatmen and such livelihood is affected due to acquisition of land.” 
• Under S.41(10), in irrigation and hydel projects, affected STs, OTFDs and Scheduled Castes who had traditional fishing rights in the river, pond or dam must be given fishing rights in the reservoir of the project.  
• Under S.2(1), public purpose includes infrastructure for fisheries 

RECOGNITION OF TENURIAL FISHERIES RIGHTS 

The National Fisheries Policy 2020, which brought together the policies on marine fisheries, inland fisheries and mariculture primarily focuses on modernisation and Blue Growth. However, it has a few provisions for traditional fishers: 

• Para 9(v) says that some states and UTs reserve areas for traditional fishing where mechanised fishing is not allowed, and the government will continue to support artisanal fishers. 
• Para 16(vii) on ‘Strategies’, says that the government will undertake periodic review of existing Marine Protected Areas and provide legislative support to secure tenure rights of traditional fishers.
• Para 17.6 calls for the creation of a National Marine Fisheries Authority, with officers from the central government and coastal states and UTs. One of the functions of the Authority is to ensure that fishing and fishing related activities carried out in a sustainable manner do not adversely impact the livelihoods of traditional and small-scale fishers.
• Para 18.3 says that the government will make efforts to implement the Voluntary Guidelines on Sustainable Small-scale Fisheries (VG-SSF) “keeping in view the complexities and divisions within the small scale sector.”

RECOGNITION OF FISHERIES RELATED LIVELIHOODS

Several legislations protect coastal commons and traditional livelihoods associated with them. Other than the central legislations below, state legislations may also have such provisions. For example, the Orissa Marine Fishing Regulation Act, 1981 and the Lakshadweep Marine Fishing Regulation, 2000 provide that when passing an order to regulate the use of fishing vessels, techniques, gear etc., the particular needs of traditional fishers must be safeguarded. Additionally, some provisions from other regulations are listed below – 

• Coastal Aquaculture Authority (CAA) Act and Rules, 2005 –
  • Section 3 of the Act requires the central government to regulate coastal aquaculture to protect the “livelihoods of various sections of the people living in coastal areas.” 
  • Rule 5(i) of the CAA Rules requires the Coastal Aquaculture Authority to ensure that mangroves, wetlands and lands for village commons and other public purposes are not converted for construction of coastal aquaculture farms to protect the livelihoods of coastal communities. 

• Coastal Regulation Zone Notification, 2019 –
  • Clause 5.3(ii)(e) permits facilities required for local fishing communities such as fish drying yards, auction halls, net mending yards etc. within the NDZ in CRZ-III areas. Clause 10.2 permits such facilities in the CRZ area of coastal backwaters and islands along the mainland coast. 
  • Clause 5.4(i) permits traditional fishing and allied activities undertaken by local communities, in CRZ-IV areas.
  • Clause 9 requires the state governments to set up district level committees for the implementation of the notification, and such committee shall comprise atleast 3 representatives of “local traditional coastal communities, including from fishermen”
  • Annexure I which refers to the conservation of ecologically sensitive areas requires that no activities detrimental to corals, reefs and biodiversity are allowed, but specifically exempts “traditional nondestructive fisheries”. Traditional fishing is also allowed in salt marshes.