International environmental legislation and its impact on fisheries

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International Environmental legislation and
its impact on fisheries
Introduction:Environmental laws are the standards that governments establish to
manage natural resources and environmental quality. The broad categories of “natural
resources” and “environmental quality” includes such areas as air and water pollution, forests
and wildlife, hazardous Waste, agricultural practices, wetlands, and land use planning. In the
United States, some of the more widely known environmental laws are the Clean Air Act, the
Clean Water Act, the National Environmental Policy Act, and the Endangered Species Act. The
body of environmental law includes not only the text of these laws but also the regulations that
implement and the judicial decisions that interpret this legislation. In general, the standards set
forth in environmental laws can apply to either private parties or the government. The Clean Air
and Clean Water Acts, for example, are frequently used to regulate the polluting activities of
private enterprises. These laws mandate certain pollution-reducing technology or limit the
levels of pollution for power plants and factories. The National Environmental Policy Act (NEPA)
applies only to the actions of the U.S. government. NEPA requires that the federal government
undertake a comprehensive environmental impact assessment before it can proceed with
projects that are likely to harm the environment.
What is Legislation?
Legislation can refer to laws or the process by which they are enacted in certain countries.
Many countries have some form of legislature, which is a body dedicated primarily to passing
and amending laws. When a piece of legislation is enacted, it is often referred to as a statutory
law. This can be contrasted with case law, which is typically derived from judicial rulings. Before
a law is enacted, it is often referred to as a bill. These bills are typically proposed or sponsored
by one or more legislators and go through a particular process before they become law.
The process by which a piece of legislation is enacted can differ depending on the government
in question. When a bill is first proposed, it may enter some form of preliminary committee
where the language is drawn up and certain things are decided. It may then need to pass a vote
to be brought before the legislative body as a whole. The bill is often then discussed in detail by
the legislature, and many changes may be made in order for it to be made satisfactory to
various political factions. If the bill is able to pass a vote by the entire legislature, it can then be
enacted as a statutory law.
Fisheries-related policies:
Recognizing the importance of coastal ecosystemand the country’s reliance on these natural
resources, several regulation and notifications have been promulgated by the central and states
government.

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These acts are meant for regulation fishing in public and private waters through a systemof
licensing by government authorities. In order to protect the corals and coral reefs, there is a
provision under the power conferred under Section 10(3) of the Mines and Minerals
(Regulation and Development) Act, 1957.
The environmental act:
It authorizes the Central Government to protect and improve environmental quality, control
and reduce pollution from all sources and prohibit or restrict the setting and or operation of
any industrial facility on environmental grounds. It also makes it mandatory to conduct
Environmental Impact Assessment (EIA) for specified developmental activities. Public hearings
are also made mandatory for all developmental activities that require environmental clearance
from the Ministry of Environment. The Coastal Regulation Zone (CRZ) 1991 notification was
issued under the provisions of Environment (Protection) Act, 1986. It outline a zoning scheme
to regulate development in a defined coastal belt.
Different environmental act in India
The Environment Protection Act:
An Act to provide for the protection and improvement of environment and formatters
connected therewith.
Whereas the decisions were taken at the United Nations Conference on the Human
Environment held at Stockholm in June, 1972, in which India participated, to take appropriate
steps for the protection and improvement of human environment.
The Environment (Protection) Act 1986 was introduced after the Bhopal gas tragedy during
Rajiv Gandhi was the Prime Minister of our country.
Is an umbrella legislation designed to provide a framework for the Central Government to
coordinate the activities of various Central and State authorities established under previous
Laws, and to bring about uniformity in regulations. It has provisions to allow the making of
rules for various activities and areas of concern/interest, and hence it is an ‘enabling’ law.
The Act empowers the Central Government to take appropriate measures for the purpose of
protecting and improving the environment. It is authorized to lay down standards for
controlling emissions and effluent discharges of environmental pollutants, to regulate
industrial locations, to prescribe procedures for managing hazardous substances, to
Establish safeguards for preventing accidents, and to collect and disseminate information
Regarding environment pollution. In accordance with this act, the central government has
Issued a number of rules and not Regulations as Regulations connote a different meaning in
India. Ecosystems and landscapes can be notified Ecologically Sensitive Areas (ESA). This would
enable control or restriction of certain identified commercial, industrial and development
activities. Potentially a strong tool to fight against commercial and industrial pressures.
Subsequent notifications under the Environment Protection Act have also made it mandatory
to conduct environmental impact assessments (EIAs) for specified developmental activities

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and have made public hearings mandatory for all developmental activities. The scope of
public hearing has drastically reduced in the most recent EIA notification of 2006. The
discharge of pollutants is regulated, inspection schemes are provided, and the location of
certain industries in coastal zones are prohibited and restricted. The ecologically sensitive
areas such as habitats of turtles (this more under the Wildlife Act and not so much under the
EPA) but does this Act still provides.
The Water (Prevention and Control of Pollution) Act, 1974
Power of parliament to legislate for 2 or more states by consent and adoption of
Such legislation by any other state. It shall be lawful for the parliament to pass an act for
regulating that matter and any act so passed shall apply to such states and to any other
state by which it is adopted afterwards.
This Act provides for the protection of the coastal sea from land based
sources of pollution subject to the discretion of the state government. The main provisions aim
at prevention and control of water pollution as well as restoration of water quality through the
establishment of State Pollution Control Boards. In conjunction with the Coastal Regulation
Zone Notification of 1991 under the Environment (Protection) Act, 1986, the Act can contribute
to regulating land based
sources of pollution in the coastal waters up to a maximum distance as decided
by the State government. Most SPCBs claima very active role with respect to the coastal
industries. The Annual Reports of the SPCBs do provide some background in terms of the action
taken by the respective coastal state in terms of curbing pollution to the sea.In 2003, it was
reported that no known attempt has been made in any maritime State of India to protect the
coastal waters from land based
Sources of pollution other than an initiative taken by the Maharashtra Government for the
treatment of sewage in Mumbai.
Functions of state pollution board To inspect trade effluents, work and plans for treatment of
trade effluents under section17 (7)
To lay down, modify on annual effluent standards for the trade effluents and for the
quality of receiving waters resulting from discharging effluents.
To advice the state government for location of an industry or industrial activity.
To take samples of trade effluents being discharged from any plants and to have them analyzed
Eg: Harihar polyfibers near Harihar causing major fish kill
Civil suit is also allowed in water act. i.e. an individual is also allowed for inspection of the
effluent.
The air (prevention & control of pollution) act, 1981
This is an Act to provide for the prevention, control and abatement of air pollution in the
country so as to preserve the quality of air. Central and State Boards constituted Water
(Prevention and Control Pollution) Act, 1974 were deemed also as Central and State Boards for
Prevention and Control of Air Pollution.

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The salient features of the Act are:
1. The Act is applicable to whole India.
2. U/S 19 of the Act. The State Gov. in consultation with SPCB is vested with power to declare
Air Pollution Control Area. In which provisions of the Act shall be applicable. Presently entire
Uttar Pradesh has been declared pollution control area.
3. As per provisions in Sec. 21 (1) & (2), no person can establish or operate any industrial plant
without the previous consent of State Pollution Control Board.
4. U/S 22, 22 (A) operating any industrial plant so as to cause emission of any air pollutant in
excess of standard laid down by state Board is liable for litigation by the board.
WILDLIFE PROTECTION ACT, 1972
According to the Wildlife Protection Act, 1972 "wildlife" includes any animal, bees, butterflies,
crustacea, fish and moths; and aquatic or land vegetation which forms part of any habitat. In
accordance with Wildlife (Protection) Amendment Act, 2002 “no alternation of boundaries /
National Park / Sanctuary shall be made by the State Govt. except on recommendation of the
National Board for Wildlife (NBWL)”.
THE BIOLOGICAL DIVERSITY ACT, 2002
The Ministry of Environment and Forests has enacted the Biological Diversity Act, 2002 under
the United Nations Convention on Biological Diversity signed at Rio de Janeiro on the 5th day of
June, 1992 of which India is also a party. This Act is to “provide for the conservation of
biological diversity, sustainable use of its components, and fair and equitable sharing of the
benefits arising out of the sued of biological resources, knowledge and for matters connected
therewith or incidental thereto.” As per the provision of act certain areas, which are rich in
biodiversity and encompasses unique and representative ecosystems are identified and
designated as biosphere reserve to facilitate its conservation. All restrictions applicable to
protected areas like National Park & Sanctuaries are also applicable to these reserves. SJVNL
abides by the provision of act wherever applicable and try avoiding these biosphere reserves
while finalizing the project infrastructure locations.
HAZARDOUS WASTES (MANAGEMENT AND HANDLING)
AMENDMENT RULES, 2003
These Rules classify used mineral oil as hazardous waste under the Hazardous Waste
(Management & Handling) Rules, 2003 that requires proper handling and disposal. Organisation
will seek authorization for disposal of hazardous waste from concerned State Pollution Control
Boards (SPCB) as and when required.

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OZONE DEPLETING SUBSTANCES (REGULATION AND
CONTROL) RULES, 2000
MoEF vide its notification dt. 17th July, 2000 under the section of 6, 8 and 25 of
the Environment(Protection) Act, 1986 has notified rules for regulation/ control
of OzoneDepleting Substances (ODS) under MontrealProtocol. As per the
notification certain controland regulation has been imposed on manufacturing,
import, export, and use of these compounds.
POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO
PROTECT AND IMPROVE ENVIRONMENT:
Subject to the provisions of this Act, the Central Government shall have the power
to take all such measures as it deems necessary or expedient for the purpose of protecting and
improving the quality of the environment and preventing controlling and abating
environmental pollution. Such measures may include measures with respect to all or any of the
following matters, namely:-
• co-ordination of actions by the State Governments, officers and other
authorities;
• planning and execution of a nation-wide programme for the prevention, control
and abatement of environmental pollution;
• laying down standards for the quality of environment in its various
aspects;
• collection and dissemination of information in respect of matters relating
to environmental pollution;
• preparation of manuals, codes or guides relating to the prevention,
control and abatement of environmental pollution;
Such other matters as the Central Government deems necessary or expedient for the purpose
of securing the effective implementation of the provisions of this Act.
Conclusion: A comprehensive regulatory framework for fisheries and aquaculture
encompasses crucial matters such as environmental conservation, public health, legal support,
economic incentives, risk insurance, information dissemination, marketing and management
measures. The National Policy on Agriculture seeks to promote technically sound, economically
viable, environmental non-degrading and socially acceptable use of country’s natural resources-
land, water and genetic endowment. The marine fishing policy recently released by the Union
Government seeks to achieve harmonized development of marine fisheries both in the
territorial and extra-territorial waters of our country through various measures suggested for

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different sub-sectors of marine fisheries for ensuring socio-economic security of the fishermen.
The Coastal Aquaculture Authority Bill, 2004, is expected to provide necessary legal provisions
for regulating the various aspects related to the sector. It is hoped that the policy guidelines
and legal framework provided by the Union Government and various State Governments will go
a long way in ensuring sustainable fish production and improve socio- economic conditions of
fisheries in India.
References:
1. www.google.com
2. www.wikipedia.com
3. Icar e courses
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