Banned fishes and fisheries regulations in India By B
- 1. MARINE AND INLAND FISHING REGULATIONS OF INDIA, WITH SPECIAL FOCUS ON BANNED FISHES AND FISHING SEASONS for prevention of accidental entry in public waters By: B. BHASKAR Fisheries For farmers and fishermen livelihood and fisheries stakeholders for conservation of aquatic resources by preventing accidental release of banned fishes in marine and Inland fisheries/aquatic resources
- 2. Indian Fisheries Act, 1897 • India has a seasonal fishing ban in its rivers and reservoirs during the monsoon season to protect fish species while they breed and spawn. This ban is in place to prevent gear conflicts between traditional and mechanized fishing sectors. • Indian Fisheries Act, 1897 The need of fisheries legislation was emphasised as long back as in 1873 when the attention of government was drawn to the destruction of fishery resource in the dam and reservoirs. • The government then enacted the Indian Fisheries Act which came into being in 1897 and is considered as the mother act of fisheries in India. • The act highlighted the conservation aspect and banned use of explosive and poisoning of water which destroy the fish. It enables the provisional government (state) to frame rules in selected waters for protection of fish. • After independence the various developmental programmes took place with the creation of the large number of reservoirs, stagnant and running water spreads offering scope for increase in inland production. • New techniques were introduced for hatchery production of major fish seeds. The vast change and rapid industrialization created pollution problems affecting the fish life which necessitated the revision of the 1897 Act and for formulating new legislations. • The Indian Fisheries Act, 1897 is meant to regulate riverine fisheries and fisheries in inshore waters, to prohibit the use of poisons and dynamite in fishing, and to protect fish resources in selected waters through regulation of, among other things, the erection and use of fixed engines (the reference is to nets, cages, traps, etc.), the construction of weirs, the use of nets of certain types and dimensions, etc.
- 3. Marine and Inland Fishing regulation acts in different states of India • (ICSF, 2022) (ICSF, 2022) Inland fisheries Regulations with state and year adopted.
- 4. National Policy on Marine Fisheries, 2017 & National Fishery Policy, 2020 • Areas dealt with, • Marine Fisheries Sector of India – A Profile • Fisheries Management • Monitoring, Control and Surveillance • Fisheries Data and Research • Mariculture • Island Fisheries • Post-harvest and Processing • Trade • Marine Environment and Pollution • Climate Change (Adaptation and new initiatives) • Fisher Welfare, Social Security Nets and Institutional Credits • Gender Equity • Additional/Alternate Livelihoods • Blue Growth Initiative • International Agreements/Arrangements • • Regional Cooperation • • Governance and Institutional Aspects • National Fishery Policy, 2020 • The Policy mirrors national aspirations and the developmental goals set before the nation. • Center will encourage and empower traditional and small-scale fisher and fisher groups for undertaking resource specific deep sea fishing. • Untapped potential of high value resources like tuna, tuna-like species, myctophids and oceanic squids should be tapped in a sustainable manner with a precautionary approach in line with the global standards regarding wild fish harvests. • Deep-sea Fisheries resources are to be exploited by an optimum fleet size of modern fishing vessels capable of undertaking extended voyages, infusion of modern technology and capacity building.
- 5. Major acts related to fisheries diversity and exporting of fishes regulation • Indian Wildlife (Protection) Act, 1972: It is under this act that marine protected areas/ sanctuaries are declared. Certain marine species are protected under this Act by listing them in Schedule I of the Act, which prohibited hunting and trading of these species • The Marine Product Export Development Authority Act, 1972 The MPEDA was established in 1972 under an Act of the Parliament, namely the MPDEA Act, 1972 (Act 13 of 1972), under the Ministry of Commerce, Government of India, when it was felt and declared that it is expedient in the public interest that the union should take under its control the marine products industry for its development. • Biological Diversity Act, 2002 The objective of the Act is to protect biological diversity and sustainable use of biological resource of India. The Act also encourages conservation and has a provision to declare a fish stock threatened if it is over-exploited. • Coastal Aquaculture Authority Act, 2005 The costal aquaculture authority Act, 2005 (Act 24 of 2005) came on 23 June 2005. • The main objective of the authority is to regulate aquaculture activities in coastal area to ensure sustainable development without causing damage to the coastal environment. • The authority is empowered with the regulations for the construction and operation of aquaculture farms in coastal areas, inspection of farms for ascertaining their environmental impact, registration of aquaculture farms, removal or demolition of coastal aquaculture farms which cause pollution, etc. • Aquaculture Authority established this law, which gives some provisions to prevent construction of shrimp farm in mangrove areas, sensitive area and in agriculture land. • Compulsory Environment impact assessment (EIA) for large farms, effluent treatment plant, use of chemical and drugs and licensing and mandatory application of code of conduct
- 6. Major Inland fishes banned for Breeding, farming and stocking in wild water bodies in in India • African catfish: Also known as Thai Magur, this fish is banned in India because it is predatory, carcinogenic, and can destroy local species. It can tolerate poor water quality and is invasive. The ban was formalized in 2002 under the Biological Diversity Act. • Tank cleaner fish: Also known as Sucker mouth catfish, this fish is banned in India. • Bighead: This fish was banned in Varanasi in 2013 because it harms indigenous flora and fauna and spreads Epizootic Ulcerative Syndrome. • During 2023, about 800 kg of banned African and Sucker mouth catfish seized in Rameswaram, Official sources added that the African catfish species is banned considering its high fat content, and the potential risk that it poses to the aquatic ecosystem. • Even without water these species can survive with the moisture for a while. This species yields a small amount of meat, but poses a great harm to the native species and habitat. • During Sept, 2023, Two species of fishes, Thai Mangur and Bighead have been banned in Varanasi district. According to Additional District Magistrate (Administration)
- 7. Inland fishing regulations • In Bihar, Madras, Jammu and Kashmir, M. P., and Mysore, closed seasons are observed. Fishing is prohibited in all large reservoirs from June to September so that fish can migrate to their spawning grounds unhindered and have at least one breeding cycle. • Fishing is prohibited in all large reservoirs from June to September so that fish can migrate to their spawning grounds unhindered and have at least one breeding cycle. From 1 July to 15 September, the whole state of Rajasthan is restrictions to fishing. However, there are no mesh or fish size restrictions in Jaisamabad (Rajasthan), and no restricted season is observed
- 8. Fishing Ban seasons along India waters • State government of Maharashtra has set a minimum legal size for 54 commercially important fish species to ensure sustainable fishing practices. Fishermen caught selling or catching fish below the minimum size face a penalty of ₹1 lakh. • Major species group include squid, octopus, prawns, crabs, lobster, shark, pomfret, sardine, tuna, Bombay duck, and catfish, a government notification said. For example, MLS of Bombay duck is 180 mm (total length) while that of Yellowfin tuna is 500 mm (fork length). MLS of grey sharpnose shark has been set at 530 mm (total length)
- 9. Cont… • The modernisation of fishing methods has led to overfishing, • In 2018, the minimum size of the trawl net’s square mesh cod end was set at 40mm. • The MLS regulations will make fishing sustainable. • Maharashtra became the third state after Kerala and Karnataka to implement these measures.
- 10. Introduction about banned fishes • In 2017, the Indian government banned selling of 158 fish species of ornamental fishes and also made it mandatory that a full-time fishery expert be present in the Ornamental fish farm for inspecting the health of the fishes. • The piranha fish has been banned as it is harmful to human body. • issue with regard to exotic cat fish was considered by this Tribunal in O.A. no. 435/2018, Hussain Khan v. Fisheries Department & Ors., connected with O.A. Nos. 466/2018, Chand Pasha v. Tahsildar, Haskote Taluka & Ors., 494/2018, Mohammed Nazim v. The Chief Executive Officer & Ors. and 381/2018, Sandip Ankush Jadhav v. UOI & Ors. • In the order dated 22.01.2019, Tribunal referred to a letter dated 19.12.1997, issued by Fisheries Development Commission of Ministry of Agriculture, Department of Agriculture and Cooperation, Govt. of India constituting National Committee to oversee regulatory introduction of exotic fishes in India water and its recommendations read as under:- “The Ministry of Agriculture were written to all the States/UTs to take immediate steps to destroy the existing stock of exotic magur and big head which have been introduced into the country without official sanctions. • All hatcheries may be identified and destroyed by the concerned States. It was stressed that exotic magur (Clarias gariepinus) should not establish in the natural environment and cross with the endemic species (Clarias batrachus). A strict controlling measure should also be adopted to avoid spread of exotic disease(s) from (Clarias gariepinus) to the endemic fishes.”
- 11. • Later on Ministry of Agriculture, Department of Animal Husbandry and Dairying (Fisheries Division), on 29.06.2000, passed another order after collecting factual information based on scientific evidence furnished by Fishery Research Institute of Indian Council Agriculture Research. • “(i) that Clarias gariepinus is an exotic fish and in line with the prescribed procedures for introduction of any exotic plant or animal every care is to be exercised with regard to effect of the new species on the flora, fauna and the ecological environment of the country where it is being introduced. • The fact that the species is grown in African and European countries does not mean that they could be introduced into Indian waters unmindful of its impact within this country. • There is no evidence to show that exotic magur found its way through rivers from neighbouring countries. • It is evident that the species has been introduced in an unauthorized and clandestine manner and not through natural sources,
- 12. Cont… • (ii) that Indian species of cat fish (Clarias batrachus) are much less predacious as compared to the exotic magur. • Carnivorous feeding habit of any organism which means subsisting or feeding on animal tissue are considered for introduction based on its economical and ecological importance. • The predatory habit of the cat fish species under consideration can lead to drastic changes in the eco system in the long run and can cause economic losses. • Exotic magur feeds on fish when available, and can switch over to other diets like crustacean and molluses. • While the native carnivorous species would not affect the ecological balance in the natural water bodies which have been established over a very long time period (thousands of year) the same cannot be presumed of the exotic magur. • Further, farmers in UP have experienced problems in culturing exotic magur with carps due to its carnivorous nature since it is inimical to carps in a mixed culture and also competes for the food available. • Instances of cannibalism is also reported in pond culture. • Although there is no natural hybridization with the local cat fish at present the possibility cannot be overruled. • (iii) That though many exotic species do not breed naturally, it is observed that exotic magur has been naturally reproducing in ponds (in UP) and has been potential to cause ecological damage. • Experiments have already been taken up in Central Institute of Freshwater Aquaculture to evaluate the exotic magur and indigenous cat fish along with their hybridization. • Though it has not been found to carry any exotic disease as yet, the possibility of the exotic magur to be carriers of any exotic disease cannot be ruled out. Since husbandry practices are very rare, the changes of epidemics is quite high,
- 13. Cont… • (iv) That a decision on introduction of any exotic species into the culture system cannot be taken in isolation based on factors such high yielding capacity or its market value alone. Other ecosystem has to be paid due attention to. • Indiscriminate stocking of exotic magur in ponds has been observed to adversely affect the catla production. • Though exotic magur grows faster, it has been a poor survival rate. • Further, introduction of any exotic species requires the approval of the National Committee on Exotic Species set up for this purpose and the applicants should have applied to this Committee for introduction of any exotic species including exotic magur along with the recommendations of the concerned State Government.”
- 14. Cont… • NGT Tribunal referred to its earlier order dated 22.01.2019, held that illegal activities of storing and breading of Clarius gariepinus (Thai Mangur Fish) cannot be allowed to continue, rejected the I.A. • Relevant extracts of the order dated 13.08.2019 is reproduced below:- “2. It is undisputed that vide order dated 22.01.2019, this Tribunal dealt with subject of breeding of exotic cat fish prohibited by the Ministry of Agriculture, Fisheries Development Commissions vide orders dated 19.12.1997 and 29.06.2000. • Tribunal accordingly held that:- “There is no dispute whatsoever, that the breeding of Indian catfish i.e. Clarias batrachus is allowed in our country and breeding of exotic catfish i.e. Clarias gariepinus (Thai Magur) and its hybrids is banned in all the States and the Union Territories.
- 15. Majorly noticed banned fishes • African catfish: Also known as Thai Magur, this fish is banned in India because it is predatory, carcinogenic, and can destroy local species. It can tolerate poor water quality and is invasive. The ban was formalized in 2002 under the Biological Diversity Act. • Tank cleaner fish: Also known as Sucker mouth catfish, this fish is banned in India. • Bighead: This fish was banned in Varanasi in 2013 because it harms indigenous flora and fauna and spreads Epizootic Ulcerative Syndrome. • The government has completely banned piranha fish farming, production, fry production, breeding, market selling, and purchase from the market since February 2008 African catfish Tank cleaner fish/ Sucker mouth catfish bighead carp (Hypophthalmichthys nobilis)