Increase subsidies for Fishing cannoes

 ALL GOA SMALL SCALE RESPONSIBLE FISHERIES UNION  

190, Nauxi, Bambolim, Tiswadi, Goa. 403 206

______________________________________

Date: 22/10/2021

To,  

The Minister of Fisheries,

Government of Goa,

Secretariat,

Porvorim, 

Goa

Subject:  Regarding increase in Petrol Subsidies for Fishing cannoes 

Sir,  

Due to rising inflation and increasing cost of living we are constrained to address this petition for your urgent attention with following request: 

1. Petrol subsidies for canoes in Goa be increased from Rs. 51,000/- to Rs. 65,000/-. 

Awaiting your urgent action to increase above cited Petrol Subsidy. 

Thanking you,  

Yours sincerely,

Shaila D'mello

President 

Laximan Mangueshkar,

Secretary

Copy to:  

1. Director of Fisheries, Panjim, Goa 

2. Convenor, National Platform for Small Scale  Fish Workers 

Deletion of Goa's six rivers as National Waterways

 ALL GOA SMALL SCALE RESPONSIBLE FISHERIES UNION  

190, Nauxi, Bambolim, Tiswadi, Goa. 403 206

______________________________________

Date: 22/10/2021

To,  

Shri Shripad Yesso Naik,

Union Minister of Shipping, National Waterways and Ports

Government of India

Old Goa, 

Goa

Subject:  Regarding deletion of Goa's rivers as National Waterways 25, 27, 68, 71, 88 and 111 by Government of India

Sir, 

We write to you to invite your attention to declaration of six Goa's rivers as National Waterways by Government of India through National Waterways Act 2015. This decision was taking without consulting and prior informing fishing communities dependent upon these rivers (Chapora, Mapusa, Mandovi, Zuari, Cumbharjua and Sal) for our livelihoods. 

We urge you to get Parliament to delete Goa's above cited rivers through Ammendment to National Waterways Act 2015. 

Thanking you,  

Yours sincerely,

Shaila D'mello

President 

Laximan Mangueshkar,

Secretary

Copy to:  

1. Director of Fisheries, Panjim, Goa 

2. Convenor, National Platform for Small Scale  Fish Workers 

Dangerous Consequences of incuding Mormugao Port Trust under Major Port Authorities Act 2021

 ALL GOA SMALL SCALE RESPONSIBLE FISHERIES UNION  

190, Nauxi, Bambolim, Tiswadi, Goa. 403 206 

______________________________________

Date: 22/10/2021

To,  

Shri Shripad Yesso Naik,

Member of Parliament (Lok Sabha) from North Goa,

Union Minister of Shipping, National Waterways and Ports

Government of India

Old Goa, 

Goa 

To, 

Shri Fransisco Sardinha,

Member of Parliament (Lok Sabha) from South Goa, 

To, 

Shri Vinay Tendulkar,

Member of Parliament ( Rajya Sabha) from Goa

Subject: Dangerous consequences for Goa due to inclusion of Mormugao Port under Major Port Authorities Act 2021 

Sir, 

Government of India through an extraordinary issue of Gazette of India (Part II, Section 1) dated February 18, 2021 has published Major Port Authorities Act 2021 after receiving assent of the President of India on February 17, 2021. Passing of this law without consulting Goa's fishing communities and public has posed major dangers to Goa, its fishing based livelihoods and other ramifications because of the following reasons: 

1. Section 1 (3) has has included Mormugao Port where in this law will be made applicable within 90 days of its passing. That means this law will take effect from May 20, 2021. 

2. Section 2(1)(y) has definition of "port limit". Draft Coastal Zone Management Plan (CZMP) has marked several patched inside Goa's rivers as "port limit" there by creating grounds to attract application of Major Port Act, 2021. Definition under section 2 (1) states " Port limit in relation to a major port, means the limits including any piers, jetties, landing places, wharves, quayside, docks and other werks made on behalf of the Public for convenience of traffic, for safety of vessels or for the improvement, maintenance or good governance of the Major Port and its approaches whether within or without high water mark, and subject to any right of private property there in, any portion of the shore or bank within fifty yards of high-water mark and the area of such Major Port as may be determined by the Central Government by way of notification from time to time." 

3. Section 25 empowers Board of each major port covered under this law to prepare it's own master plan "in respect of any development or infrastructure established or proposed to be established with the port limits and the land appurtenant thereto and such master plan shall be independent of any local or State Government regulations of any authority whatsoever : Provided that in case of any conflict between the master plan created by the Board and any local authority, the master plan created by the Board shall prevail." 

4. Section 22(3) states "The Board of each Major Port may erect, construct or build such civil structures for port development or improving commerce and trade in national interest for which no regulatory license or approval from the State authorities shall be required, unless so mandated by the Central Government. " The Panchayats, Municipalities and even Government of Goa is divested of all the decision making powers within port limits which draft CZMP has spread out far and wide needlessly to facilitate notification of port limit by Central government. Even M.L.A roles will become redundant with all the powers concentrating in the hand of Board of Major Port. 

5. Section 23 is dealing with acquisition of land that is known in legal terms as immovable property. This provision states "Where any immovable property is required for the purpose of the Board, the Central Government or as the case may be, the State Government may, at the request of the Board, procure the acquisition thereof under the provisions of Right of Fair Compensation and Transparency Act, 2013 or any other law for the time being in force, and on payment by the Board, the compensation awarded under that Act and of the charged incurred by the Government in connection with the proceedings, the land shall shall vest in the Board". Its land outside the port limit. Land within port limits automatically comes under Board Jurisdiction after central government notification. 

6. Section 21(a) states "The Board of the Major Port Authority shall be the successor of the Board of Trustees constituted under the Major Port Trusts Act, 1963." 

7. Section 75 (1) states "The Major Port Trusts Act, 1963 is hereby repealed." 

8. The Board of Major Port Authority according to Section 3 (1) consists of Chairman, Deputy Chairman, One member each from Concerned State Government, Ministry of Railways, Ministry of Defence, and Customs, Department of Revenue. Not less than two and not exceeding four Independent Members. One Member -not below the rank of Director - nominated by the Central Government, ex officio; and two Members representing the interests of the employees of the Major Port Authority." Local Panchayats, Municipalities, MLAs has no powers to appoint Members to the Board of Major Port Authority. 

9. Section 4 (1) States "The Chairperson and Deputy Chairperson of the Board shall be appointed by the Central Government on the recommendation of a select committee consisting of such manner, as may be prescribed." There is no transparency as to who and how select committee itself is formed. 

10. Section 3(2) makes Major Port autonomous and allows it to function as a landlord. The provision of this section states "The Board of each Major Port Authority under this Act shall be a permanent body having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold or dispose of property, both movable and immovable, and to contract, and shall by the said name sue or be sued." 

This Law passed in the Parliament of India and assented to by the President of India is draconian and oppressive designed towards Blue grab of Goa's coastal area, riparian area and even the hinterlands. Constitution of India under Article 51-A (g) empowers citizens as a fundamental duty "to protect and improve the natural environment including forests, lakes, rivers, wild life, and to have compassion for living creatures." Major Port Authorities Act, 2021 is an anti-thesis of above cited Article 51-A(g) as it is designed - besides destruction of political institutions of democracy - ecocide of Goa's ecology by promoting various lethal coastal disruptions as they will be covered up as in "National Interest" as provided under section 22(3). 

In exercise of Fundamental Duty under Article 51-A(g) you are requested to pay attention to points raised above, express your dissent publicly and communicate your views to the Minister of Ports, Shipping and Waterways, Government of India, Member of Lok Sabha and Rajya Sabha. For the safety of Goa, its democracy and ecology Mormugao Port must be excluded from the applicability of Major Port Authorities Bill, 2021. People of Goa are not consulted before passing of this draconian law just the way we were not consulted before passing of National Wayetways Act 2016 wherein six rivers of Goa were included as National Waterways. 

Industrialization of Rivers, Industrialization of our Coasts are not Good for us in Goa. Major Port Authorities Act, 2021 is meant to usher in intensification of Industrialization of Goa's coast to facilitate another Ecologically disastrous project named Sagarmala, marinas at Nauxim and Sancoale, coal handling, construction of fresh jetties, double tracking of Railway tracks connecting port, decimation of western Ghats forest at Mollem etc. 

No nation can prosper by destroying the foundation of Economy. Foundation of Economy is ecology. It is in the national interest that Goa's ecology is protected at all costs from Major Port Authorities Act, 2021. 

We call upon you to speak up fearlessly. communicate boldly, articulate clearly and get Parliament of India to go for ammendment to delete Murmagao Port Trust from Major Ports Act 2021. 

Thanking you,  

Yours sincerely,

Shaila D'mello

President 

Laximan Mangueshkar,

Secretary

Copy to:  

1. Director of Fisheries, Panjim, Goa 

2. Convenor, National Platform for Small Scale  Fish Workers 

Petition to Goa MPs on draft Indian Marine Fisheries Bill 2021

 ALL GOA SMALL SCALE RESPONSIBLE FISHERIES UNION  

190, Nauxi, Bambolim, Tiswadi, Goa. 403 206 

______________________________________

Date: 22/10/2021

To,  

Shri Shripad Yesso Naik,

Member of Parliament (Lok Sabha) from North Goa,

Union Minister of Shipping, National Waterways and Ports

Government of India

Old Goa, 

Goa 

To, 

Shri Fransisco Sardinha,

Member of Parliament (Lok Sabha) from South Goa, 

To, 

Shri Vinay Tendulkar,

Member of Parliament ( Rajya Sabha) from Goa

Subject: Regarding withdrawal of Indian Marine Fisheries Bill 2021 

Sir, 

In a rare exhibition of bureaucratic agility the Department of Fisheries of the Government of India in the Ministry of Fisheries, Animal Husbandry and Dairying, had brought in Indian Marine Fisheries Bill 2021 (IMFB 2021) just a few days before the last monsoon session of the Parliament and had been hell bent to pass it in that very session. The bill was supposed to provide a legal instrument to regulate and 

manage marine fishing in the Indian EEZ (200 nautical miles or 370 kilometres) beyond the territorial waters (12 nautical miles or 22 kilometres) and the high seas. Widespread disapproval of both the undemocratic procedure and anti small scale fisheries content of the bill has compelled the Government of India from pushing the bill through the last parliamentary session. But the bill may be put up in the next 

session. 

The IMFB 2021 has been drawn in a totally undemocratic process. Small scale marine fishing communities, by far the largest primary stakeholders, have been completely ignored. They were not even informed that the Government is going to make an Act to regulate and manage their livelihood activity. 

This blatantly violates the minimum constitutional standards and ethical principles (‘nothing about us without us’) for adoption of legislation for any section of citizens. The highhanded procedure has hurt the 

dignity of the fishing communities. The small scale fishing communities disdainfully reject IMFB 2021 because - did not ask for it, did not draft it, were not consulted on it and have not approved it. 

The procedure of making IMFB 2021, in ignoring the governments of coastal states, has violated

the constitutional principle of constructive federalism. 

Moreover, the bill has –

 Failed to reiterate adherence to the overarching principles like subsidiarity, participatory 

governance, gender justice, inter-gnerational equity and precautionary principle enshrined in the National Policy on Marine Fisheries 2017; 

 Wrongfully defined ‘Small Scale Fisheries’. All kinds of fishing boats including manual, motorised and mechanised are included in the small-scale fisheries in the present bill. This means that trawlers, purse seiners and other large fishing boats will be treated as small scale. 

This is going to preclude the right of actual small-scale fishers to preferential access to fish resources and other entitlements regarding finance, infrastructure and welfare. 

 Failed to ensure the right of participation of the small-scale fishers in the framing of rules and 

constitution of bodies to be made for the execution of the proposed act which include – Monitoring Control and Surveillance, measures for promotion of livelihoods and socio-economic well-being of traditional and small-scale fishers, Marine Fisheries Development and Management Plans, Marine Fisheries Policy, ‘Consultative Committee’ for policy guidance and adjudication of violations. 

 Failed to provide guidelines for consideration of available resource and capacity of fishing with application of scale subsidiarity in licensing of fishing boats that would ensure control and 

reduction of the number and effort of larger fishing boats to stop over fishing; 

 Failed to provide statutory guidelines for migrant and vessel crew fish workers who are at work on larger vessels and fishing efforts.  The Government of India in the Department of Fisheries is in a hurry to push through the bill because World Trade Organisation (WTO) is threatening to stop all subsidies to and impose sanctions on the IUU (illegal, unregulated and unreported) fishing. Absence of statutory instrument to approve, regulate and 

account for the fishing effort and catch in the Indian EEZ made it fully exposed to the threat of being designated as IUU fishing and face the consequences of WTO sanctions including the fisheries subsidies. 

The threat is imminent as the WTO negotiations on fisheries subsidies are at their final stage.

It is obvious that not the urge to protect the small scale fishers, but to continue to protect the interests of the large scale fisheries entrepreneurs is behind this hurried drive to bring in the legislation. 

WTO sanctions on the trade and export of fish as well as on the fisheries subsidies are going to hit the large scale fisheries entrepreneurs the most as they are almost the sole, if not the sole, beneficiaries of these. The hidden objective of the Ministry in bringing up the instant legislation is also evident from the fact that they have designated almost all kinds of fishing in the EEZ as small scale glossing over the universally 

recognised distinctions and conflicts between the small scale subsistence fishing and large scale commercial fishing. 

Small scale fishers do not want subsidies; they want to get back their fisheries which have been forcibly taken away by the large scale fishing entrepreneurs with the connivance of the government. 

The small scale marine fishing communities of the country demand – 

 Immediate withdrawal of IMFB 2021; 

 Sincere effort on the part of the Government of India to initiate a process of comprehensive and 

inclusive consultation with the marine fishing communities all around the country’s coast to 

draw a draft bill for managing and regulating marine fishing; 

 Ensure availability of the draft bill in all the languages of Indian coastal fishing communities; 

 Place the bill in the parliament only on approval of the fishing communities and their 

organisations. 

SAVE WATER, SAVE FISH, SAVE FISHER PEOPLE 

Thanking you,  

Yours sincerely,

Shaila D'mello

President 

Laximan Mangueshkar,

Secretary

Copy to:  

1. Director of Fisheries, Panjim, Goa 

2. Convenor, National Platform for Small Scale  Fish Workers 

Regarding withrawal of Indian Marine Fisheries Bill

 ALL GOA SMALL SCALE RESPONSIBLE FISHERIES UNION  

190, Nauxi, Bambolim, Tiswadi, Goa. 403 206 

______________________________________

Date: 22/10/2021

To,  

Dr. Pramod Sawant

Chief Minister of Goa,

Government of Goa,

Secretariat, Porvorim,

Goa 

To, 

Shri Philip Neri Rodrigues,

Minister of Fisheries,

Government of Goa, 

Goa,

Subject: Regarding withdrawal of Indian Marine Fisheries Bill 2021 

Sir, 

In a rare exhibition of bureaucratic agility the Department of Fisheries of the Government of India in the Ministry of Fisheries, Animal Husbandry and Dairying, had brought in Indian Marine Fisheries Bill 2021 (IMFB 2021) just a few days before the last monsoon session of the Parliament and had been hell bent to pass it in that very session. The bill was supposed to provide a legal instrument to regulate and 

manage marine fishing in the Indian EEZ (200 nautical miles or 370 kilometres) beyond the territorial waters (12 nautical miles or 22 kilometres) and the high seas. Widespread disapproval of both the undemocratic procedure and anti small scale fisheries content of the bill has compelled the Government of India from pushing the bill through the last parliamentary session. But the bill may be put up in the next 

session. 

The IMFB 2021 has been drawn in a totally undemocratic process. Small scale marine fishing communities, by far the largest primary stakeholders, have been completely ignored. They were not even informed that the Government is going to make an Act to regulate and manage their livelihood activity. 

This blatantly violates the minimum constitutional standards and ethical principles (‘nothing about us without us’) for adoption of legislation for any section of citizens. The highhanded procedure has hurt the 

dignity of the fishing communities. The small scale fishing communities disdainfully reject IMFB 2021 because - did not ask for it, did not draft it, were not consulted on it and have not approved it. 

The procedure of making IMFB 2021, in ignoring the governments of coastal states, has violated

the constitutional principle of constructive federalism. 

Moreover, the bill has –

 Failed to reiterate adherence to the overarching principles like subsidiarity, participatory 

governance, gender justice, inter-gnerational equity and precautionary principle enshrined in the National Policy on Marine Fisheries 2017; 

 Wrongfully defined ‘Small Scale Fisheries’. All kinds of fishing boats including manual, motorised and mechanised are included in the small-scale fisheries in the present bill. This means that trawlers, purse seiners and other large fishing boats will be treated as small scale. 

This is going to preclude the right of actual small-scale fishers to preferential access to fish resources and other entitlements regarding finance, infrastructure and welfare. 

 Failed to ensure the right of participation of the small-scale fishers in the framing of rules and 

constitution of bodies to be made for the execution of the proposed act which include – Monitoring Control and Surveillance, measures for promotion of livelihoods and socio-economic well-being of traditional and small-scale fishers, Marine Fisheries Development and Management Plans, Marine Fisheries Policy, ‘Consultative Committee’ for policy guidance and adjudication of violations. 

 Failed to provide guidelines for consideration of available resource and capacity of fishing with application of scale subsidiarity in licensing of fishing boats that would ensure control and 

reduction of the number and effort of larger fishing boats to stop over fishing; 

 Failed to provide statutory guidelines for migrant and vessel crew fish workers who are at work on larger vessels and fishing efforts.  The Government of India in the Department of Fisheries is in a hurry to push through the bill because World Trade Organisation (WTO) is threatening to stop all subsidies to and impose sanctions on the IUU (illegal, unregulated and unreported) fishing. Absence of statutory instrument to approve, regulate and 

account for the fishing effort and catch in the Indian EEZ made it fully exposed to the threat of being designated as IUU fishing and face the consequences of WTO sanctions including the fisheries subsidies. 

The threat is imminent as the WTO negotiations on fisheries subsidies are at their final stage.

It is obvious that not the urge to protect the small scale fishers, but to continue to protect the interests of the large scale fisheries entrepreneurs is behind this hurried drive to bring in the legislation. 

WTO sanctions on the trade and export of fish as well as on the fisheries subsidies are going to hit the large scale fisheries entrepreneurs the most as they are almost the sole, if not the sole, beneficiaries of these. The hidden objective of the Ministry in bringing up the instant legislation is also evident from the fact that they have designated almost all kinds of fishing in the EEZ as small scale glossing over the universally 

recognised distinctions and conflicts between the small scale subsistence fishing and large scale commercial fishing. 

Small scale fishers do not want subsidies; they want to get back their fisheries which have been forcibly taken away by the large scale fishing entrepreneurs with the connivance of the government. 

The small scale marine fishing communities of the country demand – 

 Immediate withdrawal of IMFB 2021; 

 Sincere effort on the part of the Government of India to initiate a process of comprehensive and 

inclusive consultation with the marine fishing communities all around the country’s coast to 

draw a draft bill for managing and regulating marine fishing; 

 Ensure availability of the draft bill in all the languages of Indian coastal fishing communities; 

 Place the bill in the parliament only on approval of the fishing communities and their 

organisations. 

SAVE WATER, SAVE FISH, SAVE FISHER PEOPLE 

Thanking you,  

Yours sincerely,

Shaila D'mello

President 

Laximan Mangueshkar,

Secretary

Copy to:  

1. Director of Fisheries, Panjim, Goa 

2. Convenor, National Platform for Small Scale  Fish Workers