Response to Ashwin Tombat: Reasons for objecting Nauxim AHOY Marina Public Hearing

The media is the most powerful entity on earth. They have the power o make the innocent guilty and to make the guilty innocent, and that’s power. Because they control the minds of the masses.

                                                                                                                                                                                  Malcolm X

On Sunday 27^th October 2019 Ashwin Tombat wrote thought provoking article about Marina at Nauxim in Marathi daily Lokmat. Points he raised are translated into English deserves closer scrutiny. English version of his article is available online here. 

The First point Tombat communicates is an assumption: Europe has mare than 4000 marinas with 5 lakh berths but still waters there are healthier than Goa waters.

What is the evidence to prove this has not be supplied are even hinted so we need to cross check it this is indeed true. In Goa release of urban waste untreated and treated waste into rivers as well as mining run-offs into rivers has created intense pollution of rivers in Goa. Role of mining industry in polluting Goa’s rivers is recorded in first meeting of the Goa State Pollution Control Board and available online. However comparative study between Europe and Goa waters with regard to Pollution standards needs to be shared by Ashwin Tombat publicly based on which he has made this assumption.

Second point that Tombat communicates is a question: When a small nations like Monaco and Singapore can have so many marinas then what harm will be done if Goa has one Marina?

Goa State Biodiversity Board (GSBB) - decided against Sancoale Marina proposal few years prior in 2013. In a letter dated 30^th December 2013 GSBB filed its objections before GSPCB citing several reasons for rejecting proposal to set up marina named ‘Yatch Haven (Goa)’ in Sancoale bay in Zuari river. One of the reason is the EIA ignoring of the existence schedule specie Window Pane Oyster (Placuna Placenta) and diverse other marine organisms such as the pistol shrimp, clams, fiddler crabs, etc at the proposed site for marina. Further GSBB expressed apprehension and concern on the likely impact during constructional and operational phases on the general ecology, hydrodynamics, sedimentology, and livelihood potential that the bay has traditionally offered to the locals for the last several decades. GSBB pointed out the fall outs from dredging of the rivers that will interfere with nutrient flux and bentho – pelagic coupling in the bay. Huge ecological damage was found to be intrinsic to the  marina project proposal. Further project proponent Umaji Chowgule was not able to furnish details on the carrying capacity of Sancoale Bay for Yatch density and berthing facility. During the meeting a the records in the minutes ‘A member of the Board categorically pointed out that NIO who had carried out the impact study on the said proposal at the site was also engaged for a study on the biodiversity of the Chicalim Bay, NIO in its report had highlighted its rich biological endowment and in particular that this bay was not only a habitat but also a breeding site for the Window Pane Oyster a schedule species as per the Wildlife Protection Act 1972.’ After hearing Project Proponent and experts GSBB reached consensus on seven counts before rejecting the Sancoale Marina. It’s worth noting them as they have serious repercussions on coastal fishing communities as follows (a) Far from being ecologically benign, (b) The proposed facility would largely cater to the demands of the elite tourism, (c) The integrity of this habitat would be challenged both during constructional and operational phases, (d) There would be obvious repercussions on the marine biota particularly in the benthic zone and some species with precarious conservation status could be further pressurized and even locally decimated, (e) The traditional livelihood options exercised by the local would cease, displacing the locals culturally, (f) The project will have repercussion of the intertidal and the landward zones, and (g) There is a possibility of inadvertent introduction of invasive species from foreign water.   All the above objections for Sancoale Marina from GSBB are applicable to the Nauxim Marina as well even though GSPCB has not passed on the file of Nauxim Marina to GSBB.

The third point that Tombat communicates is public objection perceived by him: Goa is too small for marina.

It is not the issue is Goa is small or big but the fact stated in EIA that Nauxim marina is basically meant to serve needs of the Luxury tourism. The issue then is should needs of Luxury tourism be allowed to override Goa’s economy destroying all nature based economies? In the present case Draft EIA report on pages 5.9 and 5.10 through Table 5.2 (Coefficient values for impact assessment) and Table 5.3 (Impact quantifications) admits on major permanent long term irreversible negative impact on fisheries of Zuari river with double coefficient of -2. This means fishing in Zuari river will be completely disrupted and fishing communities will be squeezed out of their fishing spaces.

The fourth Point that Tombat makes is danger o fishing by mechanised trawlers: real danger to fishing in Zuari is from mechanised trawlers. It is true and several complains are filed before Goa Fisheries department. However danger from marina is as real as mechanised trawlers and it cannot be ignored as the dangers are confirmed by draft EIA report quoted above at point three response. In addition several complaints are received by Goa fisheries department to cancel the water sports NOC to Aquasail distribution that operate from Hotel Grant Hyatt for disrupting fishing activities near Nauxim where Marina is planned. NOC was revoked for nine months but was restored after political pressure by then Chief Minister Manohar Parrikar.  Tombat  claims that workers on trawlers release human excreta in waters creating pollution. He however is silent as to why Nauxim Marina will support these very trawlers as recorded in Draft EIA on page 3.15 that reads “Development in the fishing activity as there would be development and maintenance of jetty, market would be available at the door step, availability of fuel for the trawlers shall be easy.” When there is not a single trawler in Nauxim then whose trawlers this marina is going to fuel? This indicate that Marina promoters have entered into under the table deals to support very trawlers that Tombat fiercely criticised so that illegal fishing in Zuari as well as pollution pointed out by Tombat increases. Tombat is also silent on construction of special fishing Jetty for trawlers at MPT who has leased out Zuari waters. Performance budget 2010-2019 of the Directorate of Fisheries on page 61, point 61 (Fishing Berth – MPT) records “An outlay of Rs. 1000.00 lakh is provided towards Other capital Expenditure in the State Budget 2018-19 for construction of fishing berth at MPT, Vasco.” Why do MPT creating facility supported by Goa Government for the trawlers that pollute rivers by open defecation in waters as pointed out by Tombat? Why Tombat is silent on this nexus for pollution of marine waters?

Draft EIA report on Nauxim Marina points out real dangers to Zuari and Mandovi at page 4.24 as follows:

“Zuari is the longest river with second largest basin and Mandovi is the second largest river with largest basin in the state of Goa. The urbanization and Iron ore transfer activities have polluted both the rivers very badly and the water as such is highly polluted. The sewage disposal ito the rivers from habitations have contaminated the rivers with heavily with microbial contamination.

The bilated barges in the Zuari river is found continuing the manganease contamination in the estuarine complex and a heavy metal threat to the marine environment.

The contamination in the Water Environment of the project location is very alarming with both organic and inorganic contamination which requires cleaning or decontamination to preserve and protect the marine diversity of the estuarine complex of both Zuari and Mandovi.” 

EIA report does not mention anything about pollution of Rivers by trawlers that Ashwin Tombat pointed out. This means Draft EIA report is not genuine in its assessment of Goa’s rivers particularly Zuari and Mandovi, or Ashwin Tombat  is not genuine. One of the two has to be the case.

Tombat must introspect that what is claimed above as real dangers for fishing that includes Trawlers, purse seiners, pollution through urban sewage disposal, mining triggered pollution as well as Marina are in vogue due to non-implementation of SSF Guidelines or VG-SSF (Voluntary Guidelines for securing sustainable small-scale fisheries in the context of food security and poverty eradication) signed by 143 countries including India in July 2014. India through Article 54 of the National Policy on Marine Fisheries 2017 has called for enforcement of SSF Guidelines. There is great expectation and hope that the enforcement of SSF Guidelines will improve conditions of fisheries that includes health of aquatic ecosystems and human rights of small scale fishers. It is here that efforts of Ashwin Tombat are needed: to criticise everyone for non-implementation of SSF Guidelines. 

The fourth point that Tombat makes is an allegation: Trawler owners are misguided traditional fishermen that marina will affect their livelihood.

If trawler owners have misguided traditional fishermen that marina will affect their livelihood then why proposed Marina at Nauxim supports their trawlers by making fuel easily available as pointed above? It is clear that Tombat has not read the Draft EIA and speaking from his hat rather than head. This is not a healthy practice for a Journalist as it results in proliferation of confusion that blurs quest for truth for sometime as all the people cannot be fooled all the time and truth ‘escapes from the cracks in the wall’ as Rousseau wrote in his ‘Confessions’.

The fifth point that Tombat makes is factual status on Marina at Nauxim: Its true that one lakh square meters of water front will be covered by Marina.

The acceptance of this truth simultaneously means one lakh square meters of water front will be denied for fishing activities. This amount of space will be deepened through dredging by blasting of existing rocks as per draft EIA report. And this will decimate marine life as reported in GSBB report quoted above. And it is not one lakh square meters of water front but minimum one lakh square meters of water front as per draft EIA documents.

The sixth point that Tombat makes is assumption: Marina construction will boost Xinanneos and Calvam harvesting. With rocks blasted off through dredging as guaranteed in Draft EIA report where Calva and Shinanneo to grow? Tombat is ignorant of marine environment required for the growth of the two referred. By the way what about rest of over 185 marine species identified by ICAR studies through collaborative research work with fishing communities of Nauxim, Cacara, Siridao, Bambolim and Odxel?

The seventh point Tombat makes is semi-factual: Marina will affect fishing during construction phase but after completion, in the long term it will cover up all the loss caused.

This claim is contrary to the Draft EIA report as reported above that fishing will have long term irreversible negative impact on fishing activities.

The Eight point Tombat is making is an assertion: Marina at Nauxim will have no impact on Cacra, Odxel and Siridao.

Interview with fishing communities of the villages of Cacra, Odxel, and Siridao reveal that Nauxim river front is their a favorite fishing site. Marina at Nauxim will destroy their fishing based livelihoods.

The ninth point is a question: How is that opponents of Marina has not noticed pollution caused by trawlers to river waters?

Bharat Mukti Morcha as an opponent of Nauxim Marina has filed several objections against trawler operation in Zuari river. Tombat can access these complaints from Goa Fisheries department, Panjim. Trawlers not only cause pollution by oil spill but also dig out river bed and Goa’s own marine ecologists Aaron Lobo has been quoted in our letters pointing to the damage that trawler are carrying on to river bed. Oil spill from water sports boats in Zuari river too has been observed and objected to. Tourism department has written to Goa Fisheries department that it has no hesitation if Fisheries department withdraws NOC granted to water sports boats in rivers for disrupting fishing activities. Draft EIA report on Marina has also indicated release of oil, grease and paints into the waters of Zuari river during Marina operations.

Tenth point is out of context of draft EIA report: Marina sewage from Nauxim will be sent to Panjim at Tonca for effluent treatment. This information is not there in draft Marina EIA report that claims EIA treatment plant construction in Nauxim itself and use of treated waste water for Gardening in Nauxim on 50,000 square meters of land will be reclaimed from Zuari river. Have  Panjim Municipal Corporation permitted use of their facility for Marina facility at Nauxim? Or will Nauxim will be merged with Panjim city to facilitate this?

Eleventh point is prescriptive: Local Representatives of People must negotiate with Marina management and get jobs for locals at Nauxim Marina.

Currently Zuari river through fishing activities provides jobs to local at Nauxim and neighboring coastal villages. Public representatives are doing well in opposing Marinas to retain these jobs. Bambolim Panchayat has opposed Marina, their Gram Sabhas too has opposed, MLA of St. Andre Constituency too in a letter to Goa Chief Minister has conveyed his opposition to Marina citing among other terrorist threat that Goa will face from Nauxim Marina. So Public representatives have not degenerated into brokers that Tombat desires.

Twelfth point of Tombat is a promise: Locals employed will be sent abroad to work on Marina for higher salaries. So this confirms that the jobs offered in Marina will paid low or poorly so that they will require to be sent abroad for higher salaries. These fishing communities has refused to move out anywhere else for employment. Even when India’s shipping Minister Nitin Gadkari offered one trawler on loan for every four families to go to high sea for fishing they refused. And Tombat expects them to leave fishing and join Marina and then join Marina abroad.

Thirteenth point that Tombat makes: Marina is an opportunity that has come walking to them.

Local see Nauxim Marina as an aggression against their fishing economy imposed on them by India’s Ministry of Shipping though Mormugao Port Trust (MPT) who has pushed this Marina only to assert their ownership of Zuari river as per MPT Board meeting annexed with draft EIA report with zero safe guard to fishing communities. In fact in lease agreement with Kargwal Constructions pvt ltd not even existence of fishing activities in Zuari river is mentioned.

Then in conclusion Tombat raises two questions. The first one: What is the reason to object Public Hearing fixed for November 02, 2019?

The environmental governance in India is guided by bullying as proved by the Mopa International Airport hearing and the details the contents of the Judgment of 29^th March 2019 wherein SCI division bench consisting of Justice Dr. Dhannajaya Y. Chandrachud and Justice Hemant Gupta suspended the EC granted on 28^th October 2015 to Mopa Airport by EAC of MoEFCC. Views expressing dissent to Mopa Airport of public in complaints filed and verbal depositions never reached Expert Appraisal Committee (EAC) and Environmental Clearance was granted. Even people from Nauxim, Cacra, Odxel, Bambolim and Siridao had filed objections against Mopa Airport construction. 

It took enormous amount of effort for Rainbow warriors to challenge the malady at various levels and finally after cutting down over 54,000 trees EC got suspended. All this required tremendous amount of efforts and funds as EAC is proved to be grossly deficient in its functioning as an expert body and decides in favour of corporate interests as proved in this judgment referred as Rainbow Warriors versus Union of India. After knowing the way EAC functions and firm on the determination to oppose Marina at Nauxim call has been given to cancel Public Hearing and stop further process at this moment itself.

Tombat’s second question: If locals want to protect their interests, then shouldn’t locals communicate their interests during Public Hearing?

As replied above it has proved that EAC is biased against Environment as well as local people as per evidence contained in the above cited Judgment relating Mopa airport. Environmental Governance has failed as per the Judgment and Supreme Court of India had to intervene to restore. Even then Central Government Minister Piyush Goyal during his Goa visit in mid October 2019 criticized people and NGOs going to Supreme Court and restoring Environmental governance in India. Goyal even called for a mass movement against individuals and NGOs approaching Courts and restoring environmental governance. First of all it is costly affair to approach the Court and then Central Minister instead of awarding Padma Bhusan to those brave individuals and NGOs who approached Supreme Court of India in Mopa Airport case has called for mass movement against them. This is truly the case of governance by bully that is truly worthy of condemnation. Locals in the context of gross corruption, bullying  and their justifications are far sighted in calling for cancellation of Public Hearing and put an end to the process to grant  Environmental Clearance for which Public Hearing is compulsory.  Example of Croatia cannot be replicated in Goa to satisfy the needs of luxury tourism.

One last observation on Ashwin Tombat’s writings: Silence on joint tagging of villagers of Cacra, Nauxim and Odxel as ‘Shudras’ in draft EIA on page 4.78. Silence on Tombat’s part may mean consent if he doesn’t object and broadcast worldwide just the way he has done in his 27th October 2019 article on Marina at Nauxim. 

A week ago he had written another article on Marina and its linked here. 

Links to the complaints from Bharat Mukti Morcha is here.

Sebastiao Rodrigues

Convener, Bharat Mukti Morcha, Goa State

Member, National Council, National Platform for Small Scale Fish Workers (Inland)

Vice-President, Dialogue, Empathic Engagement and Peacebuilding Network (India)

Abuse of Coastal Security Police Station at Harbour, Vasco to harass and intimidate Gillnet fishers in Zuari River

Date: 16/08/2019

To,

The Chief Minister,

Government of Goa,

Secretariat, Porvorim,

Goa

Subject: Abuse of Coastal Security Police Station at Harbour, Vasco to harass and intimidate Gillnet fishers in Zuari River

Dear Mr. Chief Minister Dr. Pramod Sawant,

Greetings of Peace!

As you are already aware of the complaints of illegal fishing in Zuari river by Trawlers and Purse seine fishing boats we write to inform you about the abuse of Harbour Coastal Security Police Station, Vasco to harass and intimidate the Zuari River fishing communities by registering fictitious criminal cases and registering charge-sheet and forwarding the to Sub-Divisional Magistrate, Vasco as well as Judicial Magistrate First Class A at Vasco.

Coastal Security Police whose actual mandate is to stop illegal fishing but its actions are directed to intimidate those small scale fishers involved in complaining about various threats to fishing from water sports, purse seine boats, trawlers, marinas, and many more. Criminalization of small-scale fishers has been initiated through State starting litigation against two leaders of the small scale fishers named Sanjay Pereira of Cacra and Cosmo Pires of Siridao one in January 2019 and another in July 2019. 

In 2018 Harbour coastal security police station through Police Sub-Inspector Therron Dcosta initiated the Chapter case no. 01/2018 under section 145 of Code of Criminal Procedure in the Court of Hon’ble Sub-Divisional Magistrate Vasco with two Fisheries officers of the Directorate of Fisheries, Panjim as witnesses. Section 145 of Code of Criminal Procedure empowers Executive Magistrate to interfere in the disputes on land and water that may lead to breach of Peace. Fishers had to pay the Lawyer to appear before the Court of Sub-Divisional Magistrate and subsequent hearings. 

To add to this ongoing case Harbour Coastal Security Police Station moved the same case in the Court of Judicial Magistrate First Class at (A), Vasco-da-Gama and summons were issued under section 61 of Code of Criminal Procedure bearing the seal of the Court to the two accused fisheries leaders of the Zuari River Gill net fishers. Summons served by Police officer asked the two fishers to appear before the Court in person and the court summons state that they are charged under section 143, 147, 148, 323, 324, 341, 504, 506(ii), 384, 511 read with 149 of Indian Penal Code (IPC). They were called for the hearing on August 3, 2019 in the Court. 

It must be noted that this criminalizing attempt is against the leadership of the fishers even though none of the two ever had been arrested in this matter. They are asked to keep the surety worth deposit of Rs.5000/- in the Court. This matter is of September 2018 and surety is asked to be kept in the Court after a period of one year. Normal procedure is to keep the surety at the time of arrest but both the fishers were never arrested and case was registered at Harbour Police Station without any of them being placed under arrests and subsequent bail. They were not arrested anticipating major public uproar and mounting public pressure on State administration.

This criminalizing need further analysis of the criminal provision invoked to so. Section 143 of IPC deals with Punishment for unlawful assembly involved imprisonment up to six months or fine, or both. It is not known as to how the two persons constituted unlawful assembly when the definition of unlawful assembly according to section 141 involves five or more persons. Two people cannot be designated as forming unlawful assembly. The invocation of section 143 is clear indication that the charges are levied to criminalize even though there are no grounds to do so.

Section 147 deals with Punishment for rioting extending up to two years or fine or both. Interestingly Rioting is defined under Section 146 as violence used by an unlawful assembly. Above analysis indicates that two people cannot form unlawful assembly. The invocation of Section 147 is malafide with intention of suppressing expressions of the gillnet fishers of Zuari river. The above two Sections 143 and 147 are not applicable for two persons.

The third section 148 applied is more serious non-compoundable means complaining party cannot withdraw the same and is triable by Magistrate of the first class. It is section that deals with rioting, armed with deadly weapon or anything used as weapon and likely to cause death punishable with imprisonment up to 3 years or with fine or both. State by imposing this section 148, aims to prove that the fisher leaders are anti-social elements all out to destroy peace in society by re-interpreting their engagement with Justice Issues in Zuari River. Since this section is triable only by Magistrate Court fishers will be compelled to incur cost of litigation without escape. This is merely harassment tactic as it is a normal practice that Justice Delays is a rule in Indian Courts rather than an exception. One case lingers for any duration between 5 years to 10 years. How much costs fishers will have to incur to contest financially including lawyer fees and mental tensions besides the fact that Justice delayed is Justice denied?

The fourth section invoked of IPC is Section 323 deals with Punishment for voluntarily causing hurt that extends to one year or fine of Rupees one thousand or with both. This is the case of unprovoked hurt. Harbour Coastal Police has attempted to prove that fisher leaders of Zuari fishers are maniacs that derive pleasure from causing hurt voluntarily even without anyone provoking them. It appears a ground to inflict State violence on fishers by spreading this impression of violence mongers on fisher leaders.

The fifth Section 324 invoked deals with voluntarily causing hurt by dangerous weapons or means is non-compoundable and triable by Magistrate. This section carries punishment of three years imprisonment or fine or both. State tried to paint fisher leaders as dreaded goons all out to kill people when actually they are rising ecological, Peace, Justice and Public Health issues. Imposition of this section is nothing more than propaganda against small scale fisher initiative which is unbecoming of the State.

Sixth Section 341 involved punishment for wrongful restraint of any person extending imprisonment of one month or fine of five hundred Rupees or both. This section is compoundable and is triable by Magistrate. State by booking fisher leaders of Zuari under Section 341 is attempting to prove that they unnecessarily stopping people in their ways. This is certainly not true and the case is filed only for the reasons of harassing gillnet fishers with likely nexus with nefarious powerful elements who cannot tolerate fishers asserting in defense of ecological health of Zuari River.

Seventh invoked section 504 against the fisher leaders is deals with causing intentional insult with intent to provoke breach of the peace. Punishment for this offence extends up to two years or fine, or with both. This is compoundable and triable by Magistrate. Any expression furthering Justice can be interpreted as offence under Section 504. In a way State has attempted to communicate to the Zuari fishers that they should not speak out against purse seine boats as well as trawler frequently carrying on illegal fishing in Zuari. Imposition of this section is an attempt at gagging. 

Eight Section 506(ii) deals with Punishment for criminal intimidation when threat is to cause death or grievous hurt imprisonment extending up to seven years: invocation of this section on fisher leaders indicate that State intends to create fear and panic amongst fishers of Zuari instead of resolving the nagging problems threatening Zuari river fishery including water sports, marinas, purse seine fishing, trawling and many more.

Ninth Section 384 invoked deals with Punishment for extortion extending for the period of three years or fine or with both. State intends to brand Gillnet fishers of Zuari River as extortionists all out to demand ransoms. This is another way of painting two Gillnet fisher leaders negatively in public thereby defaming the movement of fishers in defense of Zuari river ecology. Offence under section 384 is non-compoundable and triable by any Magistrate.

Tenth Section 511 invoked deals with Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. This punishment is flexible for the failed attempts to crime and involved half the period of imprisonment had the attempt to commit such offence was successful. Here State is unsure if fisher have really succeeded in committing any offence as it suspect that the attempt of fishers to commit an offence has been a failure. Nevertheless State desires to punish the fishers of Zuari River. This attitude reflects sadist mindset of the State machinery in operation governing Rivers and Fisheries in Goa.

Eleventh Section 149 invoked holds every member of an unlawful assembly guilty of offence committed in prosecution of common object. This again is completely misplaced as definition of Unlawful Assembly under section 141 needs minimum of five persons and two persons cannot form unlawful assembly. It is a tragedy that Police sub-Inspector who registered this case at Harbour Police Station does not have even an elementary understanding of law and has abused his position as police sub inspector to harass fisher of Zuari River.  Further this Police officer is wasting the time of the Court as well as draining out the financial resources of the fishers in hiring of lawyer. State Home Ministry must intervene and withdraw this case against Zuari river fisheries or else this case has a potential to trigger major public unrest against the State as both the Coastal Police as well as Fisheries Officers are standing out as enemies of Zuari River Gillnet fishers. Earlier State Government has withdrawn several criminal cases from the Courts including one against those accused in attack on Velim Church few years ago. The case against Zuari River fishers is fictitious and filed to push them in defensive mode in struggle against illegal fishing in Zuari being carried on by Purse seine boats, trawlers, water sports, marinas and other enemies.

The entire State led prosecution through Police Sub-Inspector Therron Dcosta of Harbour Police Station against the fishers of Zuari River in both the Courts in Vasco is against the internationally acceptable standards of fishery practices that are made enforceable in India through Article 54 of the National Marine Fishing Regulation Policy 2017. Paragraph 5.11 of SSF Guidelines states “States should provide small-scale fishing communities and individuals, including vulnerable and marginalized people, access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights in accordance with national legislation, including alternative means of resolving such disputes, and should provide effective remedies, which may include an entitlement to appeal, as appropriate. Such remedies should be promptly enforced in accordance with national legislation and may include restitution, indemnity, just compensation and reparation.” Certainly the litigations in First class magistrate court are not affordable to the fishers of Zuari River and may create crisis situation with unknown unexpected consequences.

Directorate of Fisheries and Coastal Security Police instead of persecuting fishers of Zuari for their vocal stance in defense of Zuari river fishery must join them to tackle illegal fishing as per requirement of the international standards of fishery administration as reflected in SSF Guidelines paragraph 5.16 that states “States should ensure the establishment of monitoring, control and surveillance (MCS) systems or prompt application of the existing ones applicable to and suitable for small-scale fisheries. They should provide support to such systems, involving small-scale fisheries actors as appropriate and promoting participatory arrangements within the context of co-management. States should ensure effective monitoring and enforcement mechanisms to deter, prevent and eliminate all forms of illegal and/or destructive fishing practices having a negative effect on marine and inland ecosystems. States should endeavor to improve registration of the fishing activity. Small scale fishers should support the MCS systems and provide to the State fisheries authorities the information required for the management of the activity.” This section of SSF Guidelines must be studied and reflected upon by the Harbour Coastal Security Police Station as well as Directorate of Fisheries, Government of Goa rather than launching witch hunt through criminal cases in Courts in Vasco against two fishers of Zuari River with eleven Sections of Indian Penal Code. Combined reading of all the applied IPC sections makes two fishers appear as seasoned criminals while letting the real criminals indulging in purse seine fishing, trawlers, and water sports operators go Scot free. The level of functioning of both the Fisheries department as well Coastal Security Police force together with Home Ministry must re-look the way governance is being conducted rather than imposing IPC sections on fishers, a move that has triggered tremendous uproar against the State Government. It is recommended on priority basis that both the cases against two fishers of Zuari be withdrawn as Police officer has not even studied the definition of Unlawful Assembly under section 141 IPC that it needs five people to attract this section and applied it recklessly only to boomerang back at him. These cases must be withdrawn by the State for fishers do not have money spend on litigation and needs to focus on constructive governance of rivers and fisheries in Goa. It is expected that the good sense people in the Goa Government will take note of this injustice reported public and act. After all when injustice became intolerable even the Judges of the Indian Supreme Court came out to speak at the Press Conference. Judges trusted power of People and hence spoke to media.

Situation of fishers in Zuari River is equally grave and crying for attention. The fishers of Zuari are inspiration for ongoing unionizing of fishers and related occupations. They initiated move to set up All Goa Small Scale Responsible Fisheries Union. Their delegates participated in the 4^th National Conference of National Platform for Small Scale Fish Workers (Inland) in Delhi where India’s Fisheries Minister Pratap Chandra Sarangi addressed the delegates on making Inland fisheries and promised to finalized Policy on Inland Fishing Policy. Sanjay Pereira against whom the Coastal Police has registered the case was delegate to Delhi.

Goa’s Coastal Police has been authorized to act against those indulging in illegal fishing. In the present case Coastal Police after investigations informed Court of Hon’ble Sub-Divisional Magistrate, Vasco-da-Gama that police investigations has revealed that complainants themselves were indulging in illegal fishing in Zuari river at a time when this incident is reported to have taken place where in boats from Zuari river were taken by some people to the Siridao shore and the accused are involved in opposing illegal fishing in Zuari river. When Coastal Police Station is aware as to who was involved in illegal fishing and has clear mandate to act against those indulging in the such practices then why did Coastal Police forwarded out rightly fictitious case to the Civil Court in Vasco? Under whose Political Pressure Goa’s Coastal Police are prompting their actions? Its clear that Coastal Police Station at Harbour is acting as private revenge office of the lobby involved in illegal fishing in Zuari river and in this pursuit has gone all out not only to misuse police station by is also threatening to tarnish image of Judiciary by getting Sanjay Pereira and Cosmo Pires arrested after one year. This indicates that Coastal Police knows very well that they have no moral courage to arrest Sanjay Pereira and Cosmo Pires on their own and Police have almost dragged Judiciary into disrepute. This is really sad and amounts to abuse of Judiciary as PSI D’Costa cannot be assumed ignorant that Section 141 of IPC needs five people to constitute unlawful assembly but deliberate and intentional harassment leaving reasons for public speculations. If Police is allowed to abuse Judiciary in this manner then Public trust in Police as well as Judiciary will certainly diminish.

You are therefore requested to intervene and direct withdrawal of these cases filed against Sanjay Pereira, former member of Santa Cruz Panchayat and Cosmo Pires, Former Sarpanch of Siridao village Panchayat at the earliest.

Thanking you,

Yours Sincerely,

Sd/-

Maggie Silveira

President - Goa State

Call for action against illegal trawler fishing in Zuari river

Bharat Mukti Morcha (BMM), Goa Unit strongly condemns night trawling in Zuari river being carried on from daily these days from 9.00 pm to 4.00 am by two trawlers. Both the fisheries department as well as Coastal Police has not taken note of the occurrences due to unknown reason. Trawling is banned in rivers and also withing 5 kms from the shoreline. Trawling is also banned during night time. In addition trawling is banned during June- July to allow rivers and ecosystem to recover and maintain its capacity to nurture breeding of various fish species.

Even though there are laws against this kind of trawling their enforcement is pathetic. BMM calls for night patrolling of Zuari river by Coastal Police and Fisheries Department to stop illegal trawling in Zuari river. SSF Guidelines too call for halt to Illegal, Unreported and Unregulated (IUU) fishing activities. SSF Guidelines enforcement are part of National Policy on Marine Fisheries 2017 via Article 54.

BMM also call upon all the fishing community leaders and organisations of Goa to organize group study sessions on SSF Guidelines as without study and awareness fishing community organisations in Goa are lacking in direction to move ahead towards liberation and decisive action against several threats to fisheries and livelihood of small scale fishing communities.

Surest way to defeat Solastalgia: Zuari River Fishing Community

This article is published on website of South Asia Network on Dams, Rivers and People. Click here to view.

Illegal and Ecologically hostile fishing in Goa’s Zuari River

This article is published from Belgium. Click links here to read.

Objections to Marinas in Zuari moved to Pollution Control Board

The below letter indicate that Bharat Mukti Morcha latest objections to Marinas in Zuari river are sent to Goa State Pollution Control Board in Saligao.

Sancoale Marina lease deed

Objections to Marinas in Zuari river filed before Collector of North Goa

Date: 01/03/2019

To,

The Collector (North Goa),

Panjim, Goa

Subject: Objections to Marinas in Zuari river

Dear Sir/Madam,

It has come to our attention though media reports that Goa State Pollution Control Board has approached your office to initiate process for Public Hearing for installing marina in Zuari river off coast of Nauxi village in Tiswadi.

We write this let you know that we continue to oppose both the marina projects in Zuari river not only because it will adversely affect fishing communities engaged in fishing activities but also because of the undemocratic process of leasing out of River Zuari followed by Marmagoa Port Trust (MPT). Without consulting fisher people dependent on Zuari river MPT leased out 2,00,000 square meters of Zuari river bed for two marinas within 3 days (12-14, October, 2010) for 30 years each.

While the two lease deeds took enough precautions to protect mining barge traffic in Zuari the same precautions are not taken for fishing activities in Zuari river. In fact lease deeds makes it clear that setting up of marina will require large scale dredging of river which will surely result in destruction of Zuari river fisheries.

MPT carried on these lease deeds by virtue of the Central government notification of May 24, 2000 that asserts Jurisdiction of MPT up to Cortalim bridge. MPT is controlled by Union Ministry of Shipping. This notification too was issued without consulting fishing communities connected to Zuari river.

If process for marina project is initiated by holding public hearing then it will symbolize Union Shipping Ministry’s commitment to destroy Zuari river fisheries. Already there is lots of misery spread out to Vasco residents due to MPT’s handling of Coal resulting in dredging of Arabian Sea as well as Coal dust pollution. With marina in Zuari this misery will enter Zuari river and it will destroy fisher community’s livelihoods as well as ecology resulting in Port-led Poverty.

We also wish to convey to you that Central Government 2019 notification relating to CRZ has already set in unrest amongst fishing communities in the State of Goa and installation of marinas will only facilitate further escalation of tension.

The sizable affected people on Zuari river bank are also Scheduled Tribes whose livelihoods were destroyed due to setting up of various projects in the past resulting in no benefit to the community. Few of these projects include Goa University, Goa Medical College, National Institute of Oceanography, Goa International Centre etc. This development forced these people to take up fishing. Marina spells doom to the livelihood of these People. Should one more project of be imposed at Nauxim sacrificing adivasis for prosperity of few rich Yacht owning tourists and five star hotels like Hotel Grand Hyatt and Cidade de Goa that are located on Zuari river bank? Amongst adivasis there is already nation wide unrest is underway due to eviction threats of those living in forest landscapes. Central Government has failed to depute lawyers to defend government law protecting Tribal People and Other Forest Dwellers in India. This has already affected 23 lakh people all over India. Marinas too are destined to provoke eviction of river bank tribal people in Nauxim-Cacra villages.

People on Zuari river banks are insecure as river has been declared as National Waterway 111 as Inland Waterways Authority of India (IWAI) has assertive control over riparian areas. In this context Installation of Marinas in Zuari has been viewed as frontal attacks on the livelihood of people particularly dependent upon fishing.

Kindly convey our objection to marinas in Zuari to the State and Central Government.

Thanking you,

Yours sincerely,

          Sd/-

Maggie Silveira,

President,

Goa Unit

Report of the illegal fishing in Zuari River Siridao to Odxel belt February 2019

Date: 01/03/2019

Report of the illegal fishing in Zuari River Siridao to Odxel belt February 2019

Sr. No	Date	Time	Nature of Violation	Response of Fisheries Department
01	02/02/2019	7.00 am	15 Trawlers	No Action
02	02/02/2019	5.00 pm	15 Trawlers	No Action
03	02/02/2019	8.27 pm	03 Trawlers	No Action
04	03/02/2019	6.51 am	15 Trawlers	No Action
05	03/02/2019	2.02 pm	15 Trawlers	No Action
06	04/02/2019	7.00 am	27 Trawlers	No Action
07	04/02/2019	1.00 pm	18 Trawlers	No Action
08	04/02/2019	5.30 pm	06 Trawlers	No Action
09	05/02/2019	7.00 am	25 Trawlers	No Action
10	05/02/2019	1.20 pm	22 Trawlers	No Action
11	06/02/2019	7.39 am	18 Trawlers	No Action but Secretary (Fisheries) informed that Patrolling has started
12	07/02/2019	7.00 am	20 Trawlers	Fisheries control room disclosed that Coastal Police must be Patrolling.
13	07/02/2019	4.30 pm	12 Trawlers	Patrol boat has returned back after strong winds. Will inform Coastal Police.
14	09/02/2019	6.00 am	22 Trawlers	No Action
15	09/02/2019	1.45 pm	15 Trawlers	No Action. Illegal fishing continued till 3.30 pm
16	10/02/2019	7.25 pm	02 Trawlers	No Action
17	11/02/2019	5.30 am	02 Trawlers	No Action
18	11/02/2019	6.30 am	02 Purse seine boats	No Action. Fisheries control room phone number not working. Secretary (Fisheries) informed.
19	15/02/2019	7.35 pm	05 Trawlers	No Action. Fisheries control room phone found connected to Fax, calls did not go through. Coastal Security Police informed.
20	20/02/2019	4.00 pm	04 Trawlers	No Action
21	21/02/2019	5.40 pm	07 Trawlers	No Action as Coastal Police Boat shut down as per information from Fisheries control room
22	22/02/2019	2.45 pm	01 Trawler	No Action
23	23/02/2019	3.05 am	18 Trawlers	No Action
24	23/02/2019	2.42 pm	18 Trawlers	No Action. Fisheries Control informed: Fisheries staff on leave being Saturday, and Coastal Security Patrol boat is under repairs.
25	23/02/2019	3.25 pm	07 Trawlers	No Action
26	23/02/2019	3.50 pm	11 Trawlers	No Action
27	25/02/2019	2.00 pm	25 Trawlers	No Action. Illegal fishing continued toll 7.00 pm
28	26/02/2019	1.00 pm	14 Trawlers	No Action. Fisheries Control room informed that their only boat has gone for inspection of fishing stakes under High Court Order and hence not available for Patrolling in Zuari. Department sent request to Coastal Security Police Station at Ribandar but no response even beyond 3.00 pm. Secretary (Fisheries) informed.
29	27/02/2019	6.45 am	15 Trawlers	No Action. Illegal fishing continued till 9.00 am
30	27/02/2019	12.30 pm	15 Trawlers	No Action. Illegal fishing continued beyond 1.10 pm. Secretary (Fisheries) informed.

Observations:

1.       Coastal Security Police has refused to shoulder burden of illegal fishing in Zuari river saying that it is not their primary duty as per media reports.

2.       Most illegal fishing in month of February 2019 was carried on by Trawlers while there was one incident of illegal fishing by purse seine boats.

3.       30 incidents of illegal fishing reported in February 2019 involving 374 boats of which 372 are trawlers. In January 2019 there were 15 incident of illegal fishing involving 152 boats of which 151 was trawlers.

4.       Intensity of illegal fishing by trawling in Zuari river has doubled from January 2019 (151) to February (372). There is progressing deterioration of law and order situation in Zuari river due to illegal fishing by trawlers in 2019 within 5 kms from the coast where in trawl nets as well as purse seine nets are prohibited from use as per prevailing law – Marine Fishing Regulation Act 1980.

5.       Such large scale violation is leading to destruction of fisheries in Zuari river due to destruction of river bed reefs by use of trawl nets.

6.       There is need to carry on estimate of damage caused by trawling to Zuari river bed ecology during first two months of 2019 and take effective measures to enforce total ban on trawling including impounding to offender trawlers under section 18 of the Goa, Daman, and Diu Marine Fishing Regulation Act, 1980.

7.       Primary duty to maintain law and order at Sea is with Fisheries department under section 4(2)(c) of the Goa, Daman, and Diu Marine Fishing Regulation Act, 1980. The capacity of Goa Fisheries department in this context of law and order is in completely damaged state. This needs drastic turn around.