Ban imposed by coastal States on purse seine fishing not justified, Centre tells SC

Ban imposed by coastal States on purse seine fishing not justified, Centre tells SC

Subject: Environment

Context:

The Union government has told the Supreme Court that a ban imposed by certain coastal States and Union Territories such as Tamil Nadu, Kerala, Puducherry, Odisha, Dadra and Nagar Haveli and Daman and Diu, and Andaman and Nicobar Islands on purse seine fishing is not justified.

About the news

• The Fisheries Department of the Union government has recommended the lifting of the ban on purse seine fishing based on a report submitted by an expert committee which has noted that this mode of fishing has not caused any serious resource depletion according to the available evidence.
• The committee also recommended that the purse seiners can be allowed to fish in territorial waters and the Indian Exclusive Economic Zone (EEZ) which can be subjected to certain conditions.

About purse seine fishing

• Purse seine fishing is a mode of fishing that involves the use of a wide net to draw in not only the targeted fish but also endangered species such as turtles.
• Purse seining is a non-selective fishing method.
• Purse seines (fishing employing a fishing net) are used in the open ocean to target dense schools of single-species pelagic (midwater) fish like tuna and mackerel.
• A vertical net ‘curtain’ is used to surround the school of fish, the bottom of which is then drawn together to enclose the fish.
• The main species fished with purse seine gear are southern bluefin tuna, Australian sardine, blue mackerel and jack mackerel.
• It is not only depriving traditional fishermen of catch but threatening the marine ecosystem as a whole in the region.

Exclusive Economic Zone (EEZ)

• The 1982 United Nations Convention on the Law of the Sea (UNCLOS) defined the EEZ as a zone in the sea over which a sovereign nation has certain special rights with respect to the exploration and usage of marine resources, which includes the generation of energy from wind and water, and also oil and natural gas extraction.
• The EEZ is an area that is adjacent to and beyond the territorial sea.
• It can extend to a maximum of 200 nautical miles from the baseline. The baseline is normally measured is the low-water line along the coast as indicated on large-scale charts officially approved by the coastal state.
• The EEZ does not include the territorial sea and also does not include the continental shelf beyond 200 nautical miles.
• The EEZ includes the contiguous zone.
• Within the EEZ, the country has rights over natural resources. The country has jurisdiction over some activities for the reasons of environmental protection, among others.
• It also has to respect the rights of other countries in the EEZ such as the freedom of navigation.
• The difference between territorial sea and the EEZ is that the former confers full sovereignty over the waters, whereas the latter is merely a “sovereign right” which refers to the coastal nation’s rights below the surface of the sea. The surface waters are international waters.

Rights of the country in the EEZ

The coastal state has the rights to:

• Explore and exploit, conserve and manage the natural resources (living or non-living).
• Produce energy from wind, currents and water.
• Establish and use artificial islands, structures and installations.
• Conduct marine scientific research.
• Protect and preserve the marine environment.