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