Date:
17th October 2019
To,
The Collector
(North Goa),
Panjim, Goa
Subject:
Objections to holding of Public Hearing for setting up AHOY Marina in Zuari River
at Nauxim waterfront.
Dear Madam/Sir,
We had submitted
letter to your office on 01/03/2019 objecting proposed public hearing on
marinas in Zuari river. In this letter we re-iterate our opposition to fresh
notice from Goa State Pollution Control Board declaring Public Hearing for
setting up of “AHOY Marina” at Nauxim on 02/11/2019 at 10.30 am at Shyama
Prasad Mukherjee indoor Stadium near Goa University as per advertisement from
Goa State Pollution Control Board dated 25/09/2019 signed by Member secretary
Sanjeev S. Joglekar. As per this advertisement in media District Magistrate or
her/his representative is to supervise the entire Public Hearing Process. Hence
we address this letter to you.
We object the holding
of above mentioned Public hearing on the following grounds:
1.
Coastal
Zone Management Plan (CZMP) preparation end only on November 05, 2019 and it is
inappropriate to install project of Marina in Nauxim before the completion of
CZMP.
2.
Location
of the Marina is fish breeding/spawning site as well fishing site for several
fishers on Zuari river bank specially in villages of Nauxim, Bambolim, Siridao,
Odxel, and Cacra. Location of AHOY Marina is in violation of international law
governing fisheries world wide. From July 2014 India is a signatory to Voluntary Guidelines for Securing
Sustainable Small-Scale Fisheries in the context of Food Security and Poverty
Eradication. These are known as SSF Guidelines and are made enforceable in
India via Article 54 of the National Policy on Marine Fisheries, 2017. SSF
Guidelines are applicable in scope to both marine as well as inland waters as
per its para 2.2. And so they are applicable to Zuari river as well. According
to para 1.1.c SSF Guidelines are to function in consistent with Code of Conduct
for Responsible Fisheries, 1995 for which India is a signatory too. AHOY Marina
location is in violation of this Code. Article 6.8 of this Code of Conduct for
Responsible Fisheries states “All
critical fisheries habitats in marine and fresh water ecosystems, such as wetlands,
mangroves, reefs, lagoons, nursery and spawning areas, should be protected and
rehabilitated as far as possible and where necessary. Particular effort should
be made to protect such habitats from destruction, degradation, pollution and
other significant impacts resulting from human activities that threaten the
health and viability of the fishery resources.” Destruction of Nauxim
famous fish spawning area itself is site for AHOY Marina that will be subjected
to heavy drilling and blasting of the purpose of dredging as per the draft EIA
report leading to major long term negative irreversible impact on fisheries in
Zuari river. Hence this constitutes violation of Article 6.8 of the Code of
Conduct for Responsible Fisheries.
3.
The
Jurisdictions of MPT over Zuari waters is disputed as Central government
circular of 24th May 2000 was issued without consulting fishing
communities of Zuari river as well without consulting Goa Government.
4.
The
representative of Goa Government Dr. Modassir (PA to Secretary – Ports) was
absent for the 8th September 2010 meeting MPT 24th Board
of Trustees when it decided to rent out Zuari river for two marinas at Sancoale
and Nauxim. Dr. Modassir had sent note top postpone this matter as it is
important as per records in the minutes of this meeting.
5.
Lease
deed of 12th October 2010 between MPT and Kargwal constructions does
not acknowledge the existence of fishing communities depend upon fishing in
Zuari river and need to safeguard their rights.
6.
Port
Land Policy -under which Zuari river has been leased out - was never discussed
with fishing communities of Zuari river before its formulation nor shared after
formulating. So there was complete non-transparency in this matter and leasing
our of water fronts at Nauxim admeasuring more than 1,50,000 square meters of
river bed amounts to land grab and Blue grab and contrary to claims of
Blue-Green enterprise in Chapter III of the Draft EIA.
7.
In-Principle
approval dated 29/04/2015 granted by Goa Investment Promotion Board to Kargwal
Construction Pvt Ltd to set up Marina near Nauxim village –annexed with draft
EIA report - is a fraud in several respects. First there is no ecologist who is
a member of Goa Investment Promotion Board. Second there is no fisher community
member who is engaged in fishing on Goa Investment Promotion Board. Thirdly,
local people from Nauxim were not consulted at all by Investment Promotion
Board before granting in-principle approval. Fourthly, after granting
in-principle approval for Marina the decision was not communicated to Nauxim
people or to Curca-Bambolim Panchayat under whose Jurisdiction Nauxim village
comes. Fifthly, In-principle approval
decision was conveyed to the Village Panchayat of Cortalim that has no
Jurisdiction over Nauxim village. Chief Minister of Goa who is chairman of this
Board should call for immediate meeting and revoke the in-principle approval
granted. Sixthly as per draft EIA report (Chapter III) “A marina is a harbour
for yachts and other luxury boats and it is becoming a necessity of luxury
tourism.” Such large scale projects destroying fishing practices cannot be
imposed in a fishing village. According to para 6.8 of SSF Guidelines only
community based tourism is allowed.
8.
Draft
EIA on AHOY Marina admits significant fishing activity at the site of proposed
AHOY Marina. Careful reading of Tables 5.2 (Coefficient values for impact assessment)
and 5.3 (Impact quantifications) on pages 5.9 and 5.10 indicate with certainty
that Fisheries in Zuari River will have Major permanent long term irreversible
negative impact of coefficient of double (-2).
9.
Fisheries
are entry 21 in the State List of Schedule 7 under Article 246 of the
Constitution of India. Union Government through its Surface Transport Ministry,
Shipping Department though MPT has no Jurisdiction to interfere and destroy
Fisheries in the State of Goa within 12 nautical miles territorial limits. Any
interference amounts to violation of Article 246 of the Constitution of India.
10.
Draft
EIA report on AHOY Marina commits to follow PIANC/IAPH guidelines for
construction of Marina facility. Guidelines of World Organization of Dredging
Organizations (WODA). At the same time ignores SSF Guidelines on small scale
fisheries to which India is a signatory from July 2014 and pledged its
enforcement through Article 54 of the National Policy on Marine Fisheries, 2017.
According to SSF Guidelines that stands for “Voluntary Guidelines for securing
sustainable small-scale fisheries in the context of food security and poverty
eradication” has a provision to hold accountable to those who are responsible
for destruction of fisheries as AHOY Marina is a disaster for fishing in Zuari
river. According to para 9.5 of SSF Guidelines “in case of disasters caused by humans,impacting small-scale fisheries,
the responsibleparty should be held accountable.” In the case of Nauxim
AHOY Marina it is Union Surface Transport Ministry and its subsidiary MPT
together with Kargwal Constructions pvt Ltd is a responsible party that will be
held accountable for willful destruction of Zuari river fisheries. It is
willful destruction as it is indicated in draft EIA itself.
11.
According
to the draft EIA report (page 4.78)villagers of Nauxim, Odxel and Kakra are
primarily Shudra. This word Shudra means slaves. This word does not exists in
the Constitution of India but found in Manushmriti that rates Shudra
communities to the lowest in the hierarchy of graded inequality without any
right to education and social interactions restricted within caste boundaries
subjected to untouchability as Shudra is held unworthy even to lift body of a
dead brahmin. Only duty of Shudra is to be servants of Brahmins, Kshatriyas and
Vyashas. System of graded inequality as well as untouchability is made
redundant by Constitution of India though Articles 13, 14, 15, 16, 17, and 21
which are the Fundamental Rights that cannot be suspended. Use of the word
Shudra suspends these Fundamental Rights. If classification of section of
people as Shudra is allowed in official documents like this draft EIA then
every one will have to clarify whether he or she belongs to Shudra Varna or
Brahmin Varna or Vyashya Varna or Kshatriya Varna. This is ridiculous practice
and can snowball into unpredictable consequences of social disorder.
12.
Location
of AHOY Marina in Nauxi water is direct contradiction of SSF Guidelines para 5.9 which states that “States should ensure that small-scale fishing communities are not
arbitrarily evicted and that their legitimate tenure rights are not otherwise
extinguished or infringed. States should recognize that competition from other
users is increasing within small-scale fisheries areas and that small-scale
fishing communities, in particular vulnerable and marginalized groups, are
often the weaker party in conflicts with other sectors and may require special
support if their livelihoods are threatened by the development and activities
of other sectors.” Tenure rights of small scale fishers are going to be
extinguished and that’s reason why package is included in the draft EIA report
in Chapter II.
13.
AHOY
Marina location is also in violation of para 5.13 of the SSF Guidelines that
states “States and all those engaged in fisheries management should adoptmeasures
for the long-term conservation and sustainable use of fisheries resources and
to secure the ecological foundation for food production. They should promote
and implement appropriate Management
systems, consistent with their existing obligations under national and
international law and voluntary commitments, including the Code, that give due
recognition to the requirements and opportunities of small-scale fisheries”. Goa’s Fisheries department has refrained from
enforcing SSF Guidelines, the Code of Conduct for Responsible Fisheries,
Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and
Forests in the Context of National Food Security and other international legal
instruments applicable to Fisheries. If these were enforced then Goa Fisheries
department would have quickly objected the Marina project at Nauxim at the
planning stage itself rather than compel public to enter into the phase of
public protests and agitations on this issue. Equitable access to fisheries
guaranteed under para 5.13 would have never been allowed to be blocked though
plans of installing Marina in Nauxim bay.
14.
Nauxim AHOY Marina, the
way it has planned is in complete violation of para 5.17 of SSF Guidelines that
states “All endeavours should be made so
that small-scale fisheries are represented in relevant local and national
professional associations and fisheries bodies and actively take part in
relevant decision-making and fisheries policymaking processes.” All the impact
of the AHOY Marina will be directly felt by small scale fisheries in Nauxim,
Siridao, Agassaim, Goa Velha, Bambolim, Cacra, Odxel and other villages on the
northern bank of Zuari river as well as villages and towns in Southern banks of
Zuari river. Yet in none of the decision making bodies connected Nauxim AHOY
Marina small scale fisheries were represented at MoEF Expert committee, Board
of Trustees at MPT, Goa Investment Promotion Board, Union Ministry of Surface
Transport and Goa Fisheries department. Goa Fisheries department is so archaic
in functioning that it does not have information as to who is at the receiving
end of the water sports in Zuari river after fishermen repeatedly filed
complains complaining about water sports boats tearing their fishing nets,
creating oil spills and prompting fish migration due to non-stop engine sound
in the river near Nauxim-Bambolim. It has taken no steps to form strategy group
to enforce SSF guidelines as per requirement under para 13.5 for the Development
and application of implementation strategies for the Guidelines.
15.
Nauxim AHOY Marina is in violation of para
10.5 of SSF Guidelines that requires implementation
of holistic and inclusive ecosystem approaches in the fisheries sector.
Approach in locating Marina is not holistic, its not inclusive and it is
hostile to ecosystem. A.K. Whitfield from South African Institute for Aquatic
Biodiversity, South Africa and A. Becker from School of Biological, Earth and
Environmental Sciences, University of New South Wales, Sydney, Australia has
jointly published their study titled “Impact of recreational motor boats on
fishes : A Review” in Marine Pollution Bulletin Vol. 83 pages 24-31 in 2014.
Sharing abstract their study to harm Marina boats and water sports boats could
cause to biology and ecology of fish: “A
considerable amount of research has been conducted on the impacts of
recreational boating activities on fishes but little or no synthesis of the
information has been undertaken. This review shows that motor boats impact on
the biology and ecology of fishes but the effects vary according to the species
and even particular size classes. Direct hits on fishes by propellers are an
obvious impact but this aspect has been poorly documented. Alterations in the
wave climate and water turbidity may also influence fishes and their habitats,
especially submerged and emergent plant beds. Sound generated by boat motors
can also influence the communication and behaviour of certain species.
Pollution arising from fuel spillages, exhaust emissions and antifouling paints
all have detrimental effects on fishes. Finally, the use of recreational boats
as vectors of aquatic invasive organisms is very real and has created major
problems to the ecology of aquatic systems.”Further Sofia Jain-Schlaepfer,
Eric Fakan, Jodie L. Rummer, Mark I. McCormick from ARC Centre of Excellence
for Coral Reef Studies, and College of Science and Engineering, James Cook
University, Townsville, Queensland 4811, Australia together with Stephen D.
Simpson from Biosciences, College of Life and Environmental Sciences,
University of Exeter, Geoffrey Pope, Stocker Road, Exeter EX4 4QD, UK has
published their joint study titled “Impact of motorboats on fish embryos
depends on engine type” in a Journal named Conservation Physiology Volume 6,
2018. Abstract of their study is reproduced and worth noting as to what could
be the impact of motorboats that Marina likely to attract in Zuari and
resultant impact on marine ecology. “Human
generated noise is changing the natural underwater soundscapes worldwide. The most
pervasive sources of underwater
anthropogenic noise are motorboats, which have been found to negatively affect
several aspects of fish biology. However, few studies have examined the effects
of noise on early life stages, especially the embryonic stage, despite embryo
health being critical to larval survival and recruitment. Here, we used a novel
setup to monitor heart rates of embryos from the staghorn damselfish
(Amblyglyphidodon curacao) in shallow reef conditions, allowing us to examine
the effects of in situ boat noise in context with real-world exposure. We found
that the heart rate of embryos increased in the presence of boat noise, which
can be associated with the stress response. Additionally, we found 2-stroke
outboard-powered boats had more than twice the effect on embryo heart rates
than did 4-stroke powered boats, showing an increase in mean individual heart
rate of 1.9% and 4.6%, respectively. To our knowledge this is the first
evidence suggesting boat noise elicits a stress response in fish embryo and
highlights the need to explore the ecological ramifications of boat noise
stress during the embryo stage. Also, knowing the response of marine organisms
caused by the sound emissions of particular engine types provides an important
tool for reef managers to mitigate noise pollution.” In this context Marina
installation in Zuari river is going to be major set back to ecosystem approach
advocated for fisheries. Goa Government through Fisheries department has
commissioned study in Zuari river to find out impact of water sports boats on
marine ecology and on fishing activities but study is delayed by one year due
to lack of finance and file is pending in the Goa Finance Ministry for so long.
It is safe to conclude from the way state of affairs are that Goa Government is
sabotaging prosperity of small scale fishing activities in a planed manner and
we strongly condemn this attitude of Goa Government.
Bharat Mukti
Morcha, Goa Unit strongly condemns this draft EIA report and call for immediate
cancellation of Public Hearing.
Thanking you in
anticipation,
Yours sincerely,
Maggie Silveira
President, Goa
Unit
Member of
National Council, National Platform for Small Scale Fish Worker (Inland)
Copy to:
Director of
Fisheries, Panjim, Goa with a request to follow up and object Nauxim AHOY
Marina as well as its Public Hearing
