SRI LANKA Case Studies on Jakottu Fisheries in the Madu Ganga Estuary and Kattudel Fishery in the Negombo Lagoon

Home , Madu Ganga, Thomas Cooray

TERRITORIAL USE RIGHTS IN FISHERIES (TURFS) IN SRI LANKA Case Studies on Jakottu Fisheries in the Madu Ganga Estuary and Kattudel Fishery in the Negombo Lagoon

Anton R. Atapattu Ministry of Fisheries P. 0.Box I 707, Colombo 10 Sri Lanka

1. Introduction Sri Lanka is situated in the Bay of Bengal in the Indian Ocean, Southeast of India, between latitudes 6ON - IOONand longitudes 30°C - 82"E. It is in the Fishing Area 51 - Western Indian Ocean - according to the FA0 classification. The land area is about 65,000 km2 with a coastline of about 1,770 km. The width of the continental shelf rarely extends beyond 40 km and the average is about 25 km. With the declaration of the Exclusive Economic Zone (EEZ) of Sri Lanka in 1977, about 256,400 km2 of sea came under the national jurisdiction. There are, in addition, inland freshwater reservoirs to the extent of about 160,000 ha. and brackish water lagoons estuaries and mangrove swamps of about 120,000 ha. Figure 1 shows the EEZ, Indo-Sri Lanka Maritime Boundary and the Historic Waters (FA0 1984). The present population of Sri Lanka, projected from the 1981 population census, is about 15 million. The population is predominantly rural (about 78% rural and 22% urban). The density of population is 230 per km2 and the annual population growth rate is 1.7%. Due to the religious and cultural background, the majority of Sri Lankans prefer fish to meat. It provides essential animal proteins for the population. In fact 60% of the total animal protein requirements are supplied by fish, which is an important consideration for the development of fisheries. The level of production is in the region of 218,500 tons (in 1983) of which 182,900 tons or 84% is from marine fisheries, the balance being from inland fisheries. The fisheries are predominantly small-scale and rural-based. Out of the total marine fish production, over 99% comes from the small-scale coastal fisheries, the small balance being from the off-shore fisheries. .The per capita fish availability is about 15.4 kg (1983). In the fishing industry, about 80,000 are engaged in the primary production sector and about 28,000 in the secondary sector like marketing, production of fishing gear and ice, boat manufacture, repair of boats, engines etc. about 25,000 or approximately one third of the active fishermen, are mem'bers of Fishermen's Co-operative Societies (FCSs). Families and dependants constitute about 500,000. There are about 950 fishing villages scattered round the island. According to the "Dr Fridtjof Nansen" Survey undertaken in 1978 - 1980 with FA0 assistance, the annual sustainable yield in the coastal waters of Sri Lanka is about 250,000 mt (Saeretsdahl and Bruin 1979). A variety of fishing craft, both traditional and mechanized as well as other types of traditional fishing gear exploit these resources. At present, there are about 28,000 fishing craft in operation out of which about 48% are mechanized. The production from mechanized craft was 70% in 1985. Sri Lanka exports mainly crustaceans like shrimps and lobsters, beche-de-mer, shark fins etc. to Japan, the U.S.A., Hong Kong and Singapore. Prawns fetch very high prices in local and international markets and therefore the fishing effort in prawn production has increased over the years in both traditional and mechanized fisheries. In 1983, 4,200 mt were exported and 22,000 mt were imported mainly as canned and dried fish (Sri Lanka, Ministry of Finance and Planning 1985). Sri Lanka has a long history for fisheries as a result of its being a coastal state. At present 30% of the total production comes from traditional fisheries, showing their importance. The traditional fisheries have been associated with various types of property rights for centuries. This is mainly due to the fact that inhabitants of coastal areas exploited resources in the sea close to their villages and prevented other people exploiting these resources. As the coastal and lagoon areas, where the resources were found, were at their door-step, these could be easily defended. For instance in the beach seine (locally known as "madel") fishery, property rights or use rights are exercised to such an extent, that sometimes, these are handed down as dowry in marriage. In Sri Lanka, socio-cultural barriers play a major role in all aspects of fisheries. According to a recent survey by the Marga Institute, Catholics and Hindus are engaged in fishing more than Buddhists. Although Buddhists compose 67% of the total population compared with 17.6% Hindus and 8% Catholics, Buddhists represent only 22% of the fishing population while Hindus and Catholics account for 21% and 45% respectively (Table 1). There is another factor which has some influence on entry into fisheries. Generally two castes, viz., the Karawa caste in the Sinhala community and Karayar in Tamil are engaged in the fishing industry. They constitute 79% of the total fishing population. With 10% Muslims, only 11% belong to other castes (Table 1). This caste composition plays a major role in keeping the "outsiders" away, thereby leading to the establishment of property rights.

Table 1. Distribution of Marine and Lagoon Fishermen by Religion and Caste.

"70 of % of Race Religion Caste Fishermen Fishermen

- - 1. Sinhala Buddhist 22.04 Karawa 46.54 Roman Catholic Christian 30.98 Govigama Protestant Christian 0.20 Salagama 3.10 Durawa 5.60

2. Tamil Hindu 21.00 Karayar 32.74 R.C. Christian 14.47 Protestant Other Christian 0.60 Other

3. Moor and Malay Muslim

Source: Munasinghe 1984.

Clearly religion and caste play an important role in the determination of entry into fishing (Panayotou 1984). Apart from this the closed communities at village level determine "who should fish" in a specified area. Migration from villages even closeby has led to disputes on rights to fish. Situations where territorial use rights in fisheries (TURFS) are exercised, may be seen in fish kraals or fish kottu (the local name is "Jakottu" or "~kulweti")' in many lagoons and estuaries in the Southern and Eastern coastal areas (eg. Madu C3anga2 estuary in Balapitiya (Figures, 2 and 3), Bolgoda ~ake~in Panadura), stake seine

1. Singular - Jakotuwa or Akulwetiya; Plural - Jakottu or Akulweti. 2. Ganga - River. 3. Although called a lake, it is a lagoon. Source, FA0 1984

Figure 1. The Exclusive Economic Zone and Maritime Boundary of Sd Lanka. SRI LANKA

Figure 2. Areas of Case Study. BAL TRAPS

Figure 4. A Jakottuwa.

WOODEN STANDS FOR TWO POLES FISHERMEN TO -HOLD THE NET

Figure 5. An Atoli Dela. nets or pound nets ("~attudel"~or "Bandb del") in the Negombo (Figures, 2 and 6) and Chilaw Lagoons. These TURFs fall within two broad categories. In the first type, the use rights are legalised by regulations framed under various legislation like the Game Protection Ordinance, Local Bodies Ordinance and Fisheries Ordinance. Jakottu fishery comes under this category. Secondly, a dispute on use rights leads to a public inquiry conducted under Section 20 of the Fisheries Ordinance, after which regulations are framed to manage the fishery. There are many instances right round the country where disputes have led to the framing of such regulations and the kattudel fishery is one such instance. The Jakottu fishery in the Madu Ganga estuary in the Balapitiya Town Council area, and the Kattudel fishery in the Negombo Lagoon have been selected for case studies, to represent the diverse nature of use rights and the controls applied to the new entrants to the fishery. The study intends to examine the basis of the use right, its nature and outcome, and its influence on the socio-economic conditions of the participants as well as the other people living in the close vicinity to the area where use rights are exercised.

2. Case Studies on Jakottu and Kattudel Fisheries TURFs are amply illustrated in the operation of Jakottu and Kattudel. In these cases how the use rights are established, their operations, principles of limited entry, settlement of disputes are of interest and are important in understanding how effective TURFs are in the management of these fisheries. 2.1 Jakottu Fishery in the Madu Ganga Estuary 2.1.1 General Fish kraals of this type are associated with some lagoons and estuaries in the western and southern coastal

- 4. Singular - Kattudela or Bandudela; Plural - Kattudel or Bandu del. areas of the country. For the case study, Jakottu in the Madu Ganga estuary in the Balapitiya are selected as they are typical and are in substantial numbers.

2.1.2 Structure and Operation of Jakottu Jakottu are constructed of a vertical rattan (Pearson 1923) or bamboo strip barrier leading into a number of traps. Bamboo strips are tied together using coir rope. These raw materials are found in areas where Jakottu are erected. Strong poles fixed to the bottom of the estuary are used on the edge as well as in between to tie the bamboo work. A Jakottuwa is illustrated in Figure 4 . Jakottu are operated from around 18.00 to 06.00 hours the follawing day when the catch is collected. The catch consists mainly of prawns and fish. The catch is auctioned but sometimes sold to traditional fishermen for bait. The average monthly income from a Jakottuwa is around Rs. 3,000/-. Atoliya or atoli dela is a stick-held net generally associated with Jakottu. According to Jakottu regulations, there should be a navigable space of at least 16 feet (5 metres) in between Jakottu. Atoli nets (Figure 5) are operated just outside this gap. Two ends of the net are fixed by long sticks or poles and the other two ends are held by two people. The net is held by the two people below the surface of water and raised when fish pass over it thus capturing the fish. There are Jakottu at other places like the Kalu Ganga estuary at Kalutara and Kiripedda lagoon at Ambalangoda. Figure 3 illustrates the Madu Ganga and Kudakalapu Ganga estuary. The distributionbf erected Jakottu in Madu Ganga and Kudakalapu Ganga is illustrated in Figure 3. The Kudakalapu Ganga (= Randombe Ganga) is a tributory of the Madu Ganga. Most of the areas where Jakottu are operated are named as i'ndicated in Figure and extend two miles upstream in the Madu Ganga and one mile in the Kudakalapu Ganga from the river mouth. Presently, there are 70 Jakottu in the Madu Ganga and 20 in the Kudakalapu Ganga. Fishermen from the villages of Galmanduwa, Mahaladuwa, Galmangoda, Gorakaduwa, Wandaduwa, Maduwa, Godagedara, Kapugahatota, Balapitiya and Berathuduwa, which are situated close to the Madu Ganga and Kudakalapu Ganga estuaries (Figure 3), erect and operate these Jakottu. There are 95 people engaged in this fishery and some operate Jakottu in partnership with another. The partner invests in the erection of Jakottu and gets a share from the catch. Acording to information available at the Balapitiya Fisheries Office, the number of erected Jakottu and Atoli dela during 1963 - 1%9 was shown in Table 2:

Table 2 - The number of Jakottu and Atoli Deka in Madu Ganga and Kudakalapu Ganga. No. of Jakottu/ Revenue collected by the Dept. of Year Atoli Dela Fisheries by licencisng (in Rupees)

Source - Sri Lanka, Dept, of Fisheries 1975.

Up to 1957, the Kosgoda Village Council had issued licences for the erection and operation of Jakottu. From 1958 onwards it had been taken over by the then Department of Fisheries. The issue of licences was continued until 1969 but since then there has been no licensing system. Action is being taken at present to start licensing again. 2.1.3 Use Rights in Jakottu Jakottu, according to some elderly people in Balapitiya, date back to 1910. Up to 1935, there seems to be no licensing system for the control of Jakottu in the Madu Ganga. Perhaps during this period, there would have been a few people operating Jakottu, but it is uncertain as documentary evidence is not available. From 1935, the Ambalangoda Village Committee (V.C.) had issued licenses for the control of Jakottu. An English translation of one of these licences, is given as Annex 1. These licences were issued as indicated therein, under regulation 2 (a) published in Gazette No. 8135 of 26th July, 1935. The licence fee was Rs. 251 = . With the formation of the Kosgoda V.C., the Madu Ganga came under its jurisdiction, and licences were issued by this V.C. upto 1957. In actual fact on January lst, 1952, Madu Ganga came under the jurisdiction of the newly constituted Balapitiya Town Council under the Town Council's Ordinance No. 3 of 1946 and published in Government Gazette No. 10,260 of 22nd June, 1951. Notwithstanding this, the licences were continued to be issued by the Kosgoda V.C. until 1957. Apart from disputes on use rights, there had been constant violations of regulations by the operators of Jakottu. To over-come problems of jurisdiction, the Department of Fisheries framed regulations to control this fishery. These regulations were published in the Government Gazette No. 10,332 of 21st December 1951 and are very comprehensive covering all aspects of erection and operation. They are given in Annex 2. Some of the important aspect of these regulations are as follows :- (i) A person has to obtain a permit from the Director of Fisheries for the erection of a fish kottu (or jakottu) and atoliya for a calendar year (Annex 1A). (ii) The permit fee is Rs. 25/ = for Jakottu and Rs. 100/ = for an Atoliya. (iii) The minimum distance between two Jakottu or Atoliya should be fifty yards (46 metres). (iv) The length of Jakottu/Atoliya erected should not exceed 70 yards (64 metres) or half the distance between the two banks, whichever is less. (v) A completely unobstructed space of at least 16 feet (5 meters) between the bank and extreme end of Jakottu/ Atoliya should be left for the passage of boats. (vi) Every permit holder should have lamps lit at the extreme ends of the Jakottu/Atoliya. With the introduction of these regulations, many disputes on use rights came to an end, and moreover, the Regulation Nos. 1 and 2 are aimed at conservation of the resource. The Fisheries Inspector of Balapitiya, as the Authorised Officer of the Director of Fisheries, supervises the erection and operation of Jakottu and Atoli. Cases have been filed in court for the contravention of these regulations. The exact reason for not enforcing these regulations from 1969 is not known, but may be due to the reference in the Gazette notification to the administrative limits of the Kosgoda V.C. which by 1952 had come under the jurisdiction of Balapitiya Town Council. Although the entry to Jakottu fishery is liinited, it is not very strictly adhered to as in some other use rights like in the Kattudel fishery. Here the rights are passed down patrilineally and matrilineally. If there is accommodation for the operation of a Jakottu, one can make an application. Since the regulations are not enforced, the number of Jakottu has increased from about 30 in the 1960's to about 90 at present and often there are disputes. 2.2 Kattudel Fishery in the Negombo Lagoon 2.2.1 General: This type of fishery is found in the Negombo and Chilaw Lagoons. The fishery in the Negombo Lagoon (Figure 6) is highly managed in the sense that the use rights are defended to a great extent by these fishermen organised into associations and supervised by Catholic Churches of the area. The Kattudel fishery was in existence in the lagoon for centuries and deeds dating back to 1721, 1810 and 1844, written in other languages like Malay and Dutch, have been found preserved by churches in the area. The total area of the Negombo Lagoon is about 7,300 acres (2957 hectares) (Pillai 1964). The area of operation of Kattudel is about 400 acres (162 ha.). Originally, the two most important methods of fishing in the Negombo Lagoon were kattudel and cast net fishing and there were no restrictions at that time. Subsequently, with the natural increase in population in the villages around the lagoon, many fishermen entered the kattudel fishery, which led to many disputes over the right to fish by this metold. Due to the intervention of the Catholic Church, the disputes were settled at that time. Fishermen from villages of Grand Street, Munnakkara, Sea Street, Kudapaduwa, Duwa, Pitipana Street, Pitipana, Taladuwa and Mankuliya are engaged in this fishery. The population in these villages and the number of fishermen engaged in the kattudel fishery is givenin Table 3. The percentage of kattudel fishermen, where use rights are prevalent, is only 8% of the fishermen population of the village in the area and 2% of the total population. These indicate that 8% of the fishermen population control the fishery and will not allow others to operate kattudel. This is an important aspect in fisheries where property rights determine the number of entrants.

Table 3 - The population and the number of Kattudel fishermen in Negombo. Total Fishermen Kattudel Village I Population I Population Fishermen ~opulation Grand Street 2,500 60 Munnakkara 569 30 Sea Street 750 100 Kudapaduwa 800 100 Duwa 200 65 Pitipana Veediya 1,300 Pitipana 5,200 Taladuwa 2,500 Mankuliya 1,500

26,500

In the Lagoon, there are specific locations where the Kattudel nets are operated. These are called "Kattudel Padus" where the use rights are in force. There are 17 of these padus which are indicated in Figure 6. In the Lagoon, there are definite channels along which there is a flow of water during high and low tides. The nets are operated from 18.00 hours to 06.00 hours the following day, throughout the year, during low tide. Because of the time of operation and the frequency with which each fisherman gets his rights, many kattudel fishermen are engaged in other activities like carpentry, office work, teaching etc. 2.2.2 Structure and Operation of Kattudel There are about 50 Kattudel nets in operation in the Lagoon daily and there is a total of about 2,000 nets. The net is illustrated in Figure 7. It has a cod end, a body and two wings. The wings and body are fixed using eleven wooden poles of about 16 ft, driven into the muddy bottom of the Lagoon from a wooden canoe of about 8 - 10 m in length overall. As in the case of a trawl net, there is a progressive increase in mesh size from the cod end to the wings from about 1/4 to 1Yi inches (6 to 38 mm). The total length of the net is about 20 m. The fixing of poles and net from board the canoe is a skilled job which needs careful manoeuvring. The catch composition is composed mainly of prawns and small fish, and other crustaceans like crabs also get caught in the net. When the current is strong, and duricg floods, the catch tends to be low. The prawns

WINGS /

40 FEET 25 FEET K E Figure 7. A Kattudela. and fish taken in the net are periodically removed and the operation is over by about five hours after the end of the low tidal current when the fishermen return and thecatch is auctioned or sold to traditional fishermen for bait. There is a possibility of young prawns and fish getting into the net due to the small mesh size of the cod end and this is a general complaint of fishermen using other types of fishing gear in the Lagoon. In the olden days, there had been regulations to the effect that the minimum mesh size of the cod end of the net should be 1 inch (25 mm) (Wanigabadu 1978). 2.2.3 Use Rights in the Kattudel Fishery During the reign of the Sinhala King Parakramabahu VI in 1412 to 1467, there was an Indian invasion. The Indians were defeated at Puttalam, mainly under the leadership of three families called Kurukulasuriya, Warnakulasuriya and Mihindukulasuriya Mudianse. The King gifted these three clans the villages in Grand. Street, Sea Street and Kurana Street in Negombo on their victory. The descendants of these families still live in Negombo and their main occupation is fishing.Limited entry in the fishery has been maintained to the present day in all types of fisheries and especially in beach-seine and Kattudel. The Karawa fishermen are concentrated in other parts of Negombo, except in Pitipana, where the Durawa caste is concentrated. The Warnakulasuriyas are in the Sea Street, Kurukulasuriyas in the Grand Street and Munnakkara and Mihindukulasuriyas in Duwa and Pitipana (Wanigabadu 1978). Further there are Roman Catholic chruches in Duwa-Pitipana, Munnakkara, Grand Street, Sea Street, Kudapaduwa and Palangaturai. These churches assisted the fishermen in organising themselves in the fisheries. The Kattudel fishery was controlled and settlement of disputes was undertaken by the Church. One tenth of the income derived from fish caught at that time was given to the Church by fishermen. In spite of these arrangements, there were still disputes. On 17th July 1946 the Catholic Coadjutor Archbishop and Administrator of Colombo tried to settle a dispute among Kattudel fishermen and commented as follows, indicating the difficulty in settling disputes on use rights: "In so complicated a matter as the prawn fishing in the Negombo Lagoon, a mathematically - equal division of lots (Padus) among the groups is impossible. For the sake of peace and harmony all must be prepared for a policy of give and take. The absence of such a spirit will only lead to "endless disputes to the great detriment of all". However, an agreement was reached by the Duwa, Grand Street, Pitipana and Sea Street groups in the presence of the Archbishop (Annex 3) on 31st March 1947. The settlement of this dispute was further referred to in Archbishop's letter dated 22 nd Apirl 1947 to the Director of Fisheries:- "I have been working at a solution ever since this matter was referred to me, but the problem is a very difficult one to settle. My office was that of a mediator rather than of judge'. The letter also contained the proposals for the allocation of Kattudel padus between various groups (Table 4). 390

Table 4 - Nature of Use Rights on the Basis of Rules by the Church in the Negombo Kattudel Fishery. (According to the alphabetical order of villages)

First Week Second Week Third Week Monday Duwa Grand Street Sea Street Tuesday Grand Street Duwa Grand Street Wednesday Sea Street Duwa Grand Street Thursday Duwa Grnad Street Sea Street Friday Grand Street Sea Street Duwa Saturday Sea Street Duwa Grand Street

- Note : (i) Sunday - First Sunday of the month and fifth, if any for Duwa. Three remaining Sundays to Grand Street and Sea Street in rotation. (ii) Pitipana Kattudel Fishermen - Exclusive rights in Diyabariodai, Thummodera. Ambalapitiya and Orapadu on Duwa days.

This clearly indicates that rules laid down by the Catholic Church were the basis on which Kattudel were operated. Until the late 1940s, these were adhered to by the fishermen. However, there were increasing problems with frequent disputes towards end of 1940s. As these could not be settled by the Church, resource to Section 20 of the Fisheries Ordinance was made. A commission of inquiry was appointed by the Minister of Fisheries and Industries and regulations were published in the Gazette no. 11, 579 of 7th November 1958 (Annex 4). These regulations are called the Negombo (Kattudel) Fishing Regulations of 1958 and the basis of the use right is to prohibit anyone operating Kattudel in the Negombo Lagoon, except a fisherman having membership in one of the following Kattudel Fishermen's Associations (KFA) : (i) Grand Street KFA (ii) Sea Street KFA, (iii) Duwa, Pitipana Weediya KFA and (iv) Pitipana KFA. Seventeen Kattudel padus have been identified in these regulations and fishing rights distributed among the four KFAs listed. The regulations came into force on 1st November 1958 and the nature of the use rights is given in Table 5.

Table 5 - Nature of Use Rights on the Basis of Regulations Framed for Negombo Kattudel Fishery

Holder of the Use Territory Duration of Use Right Right (Padu)

1. Grand Street KFA Moya, Erakattuwa, First day and every third day Kawatiya, Maiyapitiya, thereafter. (First day means the Thilliadiya, Mankuliya, day on which the regulations Eramankuliya, Wellkkalama, came into force, viz, 01/1 l/l958) Moda Ela, Usandakattu, i.e. lst, 4th, 7th, 10th day etc. Ambalampitiya, Keerikaduwa, Thummodara, Orapaduwa and Manaladiva, (Altogether 15 of 17 padus, the two prohibited padus are Diyabariode and Mandagasalambe padus). 2. Sea Street KFA As above. Second day and every third day thereafter, i.e. 2nd, 5th, 8th, 11th day etc...... - Table 5. Cont'd ...... Holder of the Use Territory Duration of Use Right Right (Padu)

3. Duwa-Pitipana As above; but further three of the Third day and every third Weediya KFA above 15 padus, viz., Ambalam- day thereafter, i.e. 3rd, 6th, pitiya, Thummodara and Orapa- 9th 12th day etc. duwa are prohibited.

4. Pitipana KFA (i) Exclusive rights in the Every day. two padus, Diyabariode and Mandagasalambe. (ii) Ambalampitiya, Third day and every third day Thurnrnodara and Orapaduwa. thereafter. i.e. 3rd, 6th, 9th, 12th day etc.

From the time the arrangement outlined in Table 5 was introduced,there have been no reported disputes among kattudel fishermen but there have been a few disputes between kattudel fishermen using other types of fishing gear. As already mentioned, kattudel fishermen are organised by forming the Negombo Kattudel Fishermen's into branches at the Grand Street, Sea Street, Duwa-Pitipana Street and Pitipana. Once in six days, the Branch Association selects members by lottery for the operation of kattudel in accordance with Table 5. The member who gets No. 1 is given the choice of selecting any padu. Usually, these fishermen, through experience, know the "best" padu and start operations there. No. 2 similarly, selects any padu other than the one selected by No. 1 and this procedure is followed until all the padus are occupied. Generally, padus with swift movement of water in channels are supposed to give better catches. One example is the Usandapaduwa or Kongahapaduwa. This padu is very often selected by the person who gets the frist turn (a turn is called "pelle"). If a member violates any conditions, the Branch Association imposes a cash fine but the customary right cannot be removed. The customary rights in kattudel fishery are passed down patrilineally, i.e. from father to son. There is no other method of entry into the fishery. Even marriage into the family of a kattudel fishermen does not entitle a person to operate kattudel. A person who is entitled to enter the kattudel fishery has to be ready with the traditional kattudel boat, nets etc. He is then allowed to operate kattudel for six months after other fishermen have selected theirepadus. If the person continuously operates the kattudel for six months, he becomes entitled to the membership of his KFA, subject to a maximum entry of two persons per annum. The outcome of this whole procedure is that the Kattudel fishery has become one with well-guarded customary rights with very well controlled entry. Moreover, these fishermen are well organised and are supervised by the Catholic Church. Economically, these fishermen get a good income as prawns constitute a substantial part of the catch. Tourist hotels as well as exporters pay high prices for " kattudel prawns" as they are fresh and of a high quality.

3. Conclusions It is common knowledge that property rights on land are of utmost importance to a developer. Similarly under "sea tenure" in traditional fisheries, efficient managment techniques have been adopted. Apart from these, TURFS are associated with rural communities of developing countries, which contribute to the socio-economic development of these communities. In addition to th&e direct benefits, there are other advantages in comparison with common property nature : (i) the waste of resource is considerably reduced, (ii) economic waste is also reduced (iii) dissipation of rent is prevented and thereby the average income of fishermen is increased and (iv) there is less likelihood of disputes (Christy 1982). The only probable short-term benefit from open access is that it provides employment opportunities when alternative sources are not available. In Sri Lankan fisheries, the two aspects, viz, common property nature associated with open access, as well as exclusive use rights are found. Coastal fishing communities living close to fishery resources may find it profitable to have exlusive use rights in areas of the sea, lagoons, estuaries etc., which could be defended from outsiders. Generally, this depends on how efficiently this defence mechanism works. If the cost of acquiring and defending exclusive use rights is high in comparsion with the attached benefits, common property nature will prevail (Christy 1982). Beach-seine, Kattudel and jakottu fisheries are instances where customary use rights are in existence for stationery as well as semi-sedentary fishing gear and where the benefits exceed the cost of defence and operation. The jakottu fishery in the Madu Ganga estuary and the kattudel fishery in the Negombo Lagoon selected for the present case study, clearly show common as well as diverse features on the basis, nature and outcome of use rights. In both fisheries, TURFS are established in view of the fact that the resources are available at close proximity to the villages where the fishermen are resident. In the case of jakottu, the beneficiary fishermen are from villages around the Madu Ganga estuary while in the case of kattudel, the villages are situated close to the Negombo Lagoon. Because of the close proximity, these areas can be closely defended from others. Further, the catch includes of prawns which are an economically valuable product and as a result, the incomes of the fishernfen engaged in both these fisheries are substantial. Therefore, there is a good reason to defend the territory in order to get economic benetits. The basis of the use rights in both cases is the regulations published in the Government Gazette. i. e. these form a part of legislation of Sri Lanka. But the origin of these regulations is different. In the case of kattudel, up to 1958, the basis was the rules formulated by organised fishermen themselves supervised by the Catholic Church. This is far superior to any legislation imposed from outside. Theie rules formed the unwritten law and worked smoothly for centuries, until disputes overtook them, in the mid 1950s. Government intervention was therefore necessary and regulations were enforced in 1958 for the settlement of disputes and management of the fishery. In the case of jakottu, the regulations which formed the basis of use rights came into being not as a result of disputes but to control the number of jakottu not only as a management measure, but also to generate revenue. The nature of the use rights too differ markedly. One of the basic differences is new entry into the fishery. The controls applied to the new entrants to the kattudel fishery are more vigorous in comparison with those of the jakottu fishery as already explained. Unlike in the jakottu fishery, the kattudel fishermen are organised into four associations which are affiliated to a Union. This will further help in the strict guarding of the use rights. The outcome of the use rights is both beneficial and restrictive. For instance, the prawn resources in the Negombo Lagoon are heavily exploited by various fishing methods. In such a situation, effective controls applied by the TURFS to the fishing effort are beneficial in the protection of the resource. On the other hand, these strict controls limit the employment opportunities of the other people in the villages close to the lagoon and prevent .more equitable distribution of income. During the past ten years or so, the demand for prawns (shrimp) has been increasing and to meet this demand, intensified fishing effort has been applied to the harvesting of species of prawns. There is a good export market for prawns in addition to the domestic demand. At present, large prawns (Penaeus monodon, P. indicus etc.) fetch very high prices from Rs. 150/ = to Rs. 250/ = a kg or more depending on the size of prawns. With a substantial component of the catch constituting of prawns (sometimes as high as 80% of the total catch) both in kattudel and jakottu fisheries, the economic benefits to fishermen engaged in these fisheries are quite sizeable. The average monthly income from jakottu fishery is around Rs. 3000/ = (at present 1 US$ = Rs. 27.50), While the income from kattudel fishery is around Rs. 8000/ = per person. Of course, these vary with the success of catching. In the kattudel fishery, there are reported cases of an income of over Rs. 10,000/ = per month obtained by selling prawns and fish, according to elder fishermen of the area. With these substantial economic benefits, strict guarding of customary rights are quite understandable. The jakottu and kattudel fisheries, therefore, amply illustrate the principles of customary use rights. They have evolved with traditional fisheries and developed into the present status over centuries of operation. They also show how the resource waste and economic waste could be reduced as a result of limited entry and more efficient operation. Conflicts and disputes are generally associated with open access to common property resources, but in the case of the kattudel fishery there had been certain disputes over the rights of various groups of fishermen from different areas. The ultimate goal in all activities, including fisheries, is to attain the maximum social yield (MScY), i.e. there should be economic development due to increased fish production, as well as socio-economic development of fishing communities (Panayotou 1982). TURFs help in attaining MScY in view of the fact that there is reduction of resource waste and economic waste. Perhaps the only disadvantage of customary use rights is the restriction on employment opportunities in comparison with the common property resources. But this is a short-term benefit characteristic of common property with open access (Christy 1982). Jakottu and kattudel fishery in the Madu Ganga estuary and Negombo Lagoon respectively indicate how effective the TURFs are in attaining the MScY.

ANNEX 1

Village Committee of Ambalangoda Village Area In accordance with the Regulation 2 (a) of Regulations published in the Government Gazette No. 8135 of 26th July, I935 and Section 46 of amended Village Committee Ordinance, Samantuwa Wasan Siridiel is hereby authorised to erect or maintain a fish kraal during 1948 in Kudakalapuwa Ganga bounded by Yahalewatte in the East, Sockman Gunatilake's land in the West, and should specially note to operate it according to the regulations of this Committee.

Further, for the saidfish kraal, Rs.251- have been received from the above person as the permit fee for which a special receipt is issued with this permit.

Yours faithfully,

Sgd./- 05th July, 1948, Chairman, Ambalangoda Village Committee V.C. Office, Randombe, Ambalangoda. ANNEX 1A

Fisheries 12.

PERMIT TO ERECT A KOTU Permit No. 110 Mr Hendavitharana David Silva of Galmangoda, Balapiriya having paid a fee of Rs.25/- is hereby permitted to erect a kottu not exceeding 210 feet in length, at Madu Ganga in the village of Kosgoda in the Galle District, at a spot bounded from Galmanduwa Concret Post to Madaduwa North, Katuduwa and K.K. Manimel Silva's Kottu and Wilson Appu's Kottu, West - W. George Silva's Kottu.

This permit is issued subject to the regulation published in Ceylon Government Gazette No. 10,332 of 21% December, 1951 and is valid until December, 31, 1968.

Sgd/- Chandra C. De Pietersz, for Director of Fisheries Colombo, 25th February, 1969.

ANNEX 2

(Extract from the "Ceylon Government Gazette" No. 10,332 of December 21, 1951)

THE FISHERIES ORDINANCE REGULATIONS for the area within the.administrative limits of the Kosgoda Village Committee in the Galle District, made by the Minister of Industries, Industrial Research and Fisheries, under section 26 of the Fisheries Ordinance, No. 24 of 1940, as modified by the Proclamation published in Gazette Extraordinary No. 9,773 of September 24, 1948, and approved by the Senate and the House of Representatives.

G.L.D. DAVIDSON, Permanent Secretary, Ministry of Industries, Industrial Research and Fisheries. Colombo, December 19, 1951.

REGULATIONS 1. No. person shall catch fish in any river, lake or stream by means of a ma-dela, ko-dela Kundaliya, Pala-del, Koralipas, pal-ran or other similar net or devise which destroys fry or the eggs, roe or spawn of any fish. 2. No person shall use any baru-del or elana-del or any other type of net or device in which the mesh is smaller than two inches stretched or one inch measured knot to knot. 3. No person shall erect or use any fish kottu or any part of a fish kottu in any river, lake, stream or other public inland water unless he is the holder of a permit issued in that behalf by the Director or an officer authorized by him in writing. 4. Every permit issued under regulation 3 shall be in force until the thirty-first day of December of the year in respect of which it is issued and shall be substantially in the form specified in the First Schedule hereto. 5. A fee of twenty-five rupees shall be charged for each permit issued under regulation 3. 6. No person shall use any atoliya in any river, lake or stream unless he is the holder of a permit issued in that behalf by the Director or an officer authorized by him in writing. 7. Every permit issued under regulation 6 shall be in force until the thirty-first day of December of the year in respect of which it is issued and shall be substantially in the form specified in the Second Schedule hereto. 8. A fee of one hundred rupees shall be charged for each permit issued under regulation 6. 9. No person shall erect any fish kottu or atoliya in any river, lake, stream or other public inland water unless the site for the erection of the kattu or atoliya has been approved by the Director or any person authorized by him in that behalf. 10. No person shall erect any fish kottu or atoliya within fifty yards from any other fish kottu or atoliya. 11. No person shall erect in any river, lake or stream any fish kottu or atoliya which exceeds in length seventy yards or half the distance between the two banks, whichever is the lesser. 12. No person shall erect any fish kottu or atoliya in any river lake or stream unless a completely unobstructed space of a least sixteen feet is provided for the waterway between the bank and the extreme end of such kottu or atoliya. 13. Every holder of a permit issued under these regulations shall between sunset and sunrise, light or cause to be lit with lamps- (a) the extreme ends of his fish kottu or atoliya; or (b) the extreme ends of each section of his fish kottu or atoliya where the kottu or atoliya consists of two sections with a waterway between such sections. 14. Where a fish kottu or atoliya is abandoned or a permit for another year is refused or not renewed, the materials pertaining to such kottu or atoliya shall forthwith be pulled down and removed by the owner of the kottu or atoliya when requested to do so by the Director. 15. The Director may refuse to issue a permit to erect a fish kottu or atoliya which, in his opinion, osbtructs any other kottu or atoliya or the free use of the waterway or the free passage of water. 16. No permit shall be issued to any person whose previous permit has been cancelled by a court of competent jurisdiction. 17. The by-laws under the Village Communities Ordinance made by the Kosgoda Village Committee and published in Gazette No. 8,358 of March 11, 1938, and therein called "Rules", are hereby amended, under the heading "Fishing", by the rescission of by-laws 1 to 8: Provided however that every licence issued under those by-laws for the year in which these regulations come into force and in force on the day immediately prior to the date on which these regulations come into operation, shall be deemed to be a permit issued under these regulations and shall have effect accordingly. 18. In these regulations, "Director" means the Director of Fisheries. First Schedule Permit to erect a Kottu ...... of ...... , having paid a fee of Rupees ...... , is hereby permitted to erect a kottu not exceeding ...... feet in length, at ...... in t!levillageof Kosgodainthe Galle District, at aspotbounded ...... 2. This permit is issued subject to the regulations published in Gazette No ...... of ...... and is valid until December 31, 19...... Director of Fisheries Colombo, ...... , 195 ......

Second Schedule Permit to use an Atoliya ...... of ...... having paid a fee of Rupees ...... ,is hereby permitted to use an atoliya at ...... in the village of Kosgoda in the Galle District at a spot bounded ...... 2. This permit is issued subject to the regulations published in Gazette No...... of ...... : ...... and is valid until December 31, 19 ...... Director of Fisheries Colombo, ...... 195 ......

ANNEX 3

Archbishop's House, Borella. (1) Prawn Fishing in Negombo Lagoon Suggested Solution to Disputes In so complicated a matter as the Prawn Fishing in the Negombo Lagoon, a mathematically equal division of lots (Padus) among the different groups is impossible. For the sake of peace and harmony, all must be prepared for a policy of give and take. The absence of such a spirit will only lead to endless disputes to the great detrement of all. The following programme is proposed with a view to avoiding injustice to any one party and to safeguarding the present rights and benefits of all concerened:- A. Pitipana : The great problem that confronts the Pitipana people is concerning their supply of bait for deep sea fishing. They need this bait daily. Hence the proposal is to suppress the Pitipana section from Duwa, and instead to give to Pitipana permanently exclusive rights over 3 Padus nearest to their land, viz. DIYABARI ODAI, TUMMODERA and ANBALAPITIYA. Pitipana will thus have a few more pellas than now. But they will be excluded from the rest of the lagoon. B. There remains now Sea Street, Grand Street and Duwa. 1. Give each one of these 2 fixed days in the week, e.g. Sea Street - Monday and Thursday; Grand Street - Tuesday and Friday; Duwa - Wednesday and Saturday. Thus each group will have 2 days per week instead of the previous 2 and 1/3. 2. But, (a) Duwa will be compensated by the exclusion of Pitipana from the rest of the lake, and as Pitipana is concurrent with Duwa only on 2 days, and Pitipana now has only 16 pellas in 2 days instead of the previous 25, Duwa will have gained an additional 9 pellas. Further, Duwa could be given rights over any pellas left out by Grand Street or Sea Street on their respective days. (b) Grand Street and Sea Street will have lost permanently to Pitipana about 8 x 2 = 16 pellas per week. To make up for this let Sunday be given in rotation to Sea Street and Grand Street, which thus will have 2% days per week instead of the previous 2% days. C. Duwa and Pitipana should each have a book of rules for their group as had by Grand Street and Sea Street.

Sgd. Thomas Cooray, O.M.I. Coadjutor Archbishop, and Administrator of Colombo. 17.7.46.

(2) Archbishop's House, Colombo, July 27, 1946. Re: Prawn Fishing in Negombo Lagoon, Amendments to the suggestions conveyed by the note dated 17.7.46. After further inquiry and consideration, the following programme is suggested in place of the one contained in the note of 17.7.46 :- Pitipana to remain as mentioned in the note of 17.7.46. To avoid inconveniences arising from a change of the present rotation of turns, not to give fixed days in the week to Grand Street, Sea Street and Duwa, dut to continue the present rotation. To compensate Grand Street and Sea Street for the loss of Tummodera and Ambalapitiya (Diabari Odai has already been given up) by giving Orappaduwa alternately to Grand Street on Duwa day, (Duwa has already abandoned permanently claim on this "Padu"). Thus the time honoured rotation will stand and the changes will be reduced to a minimum.

Sgd. Thomas Cooray, Coadjutor Archbishop and Administrator of Colombo.

(3) Archbishop's House, Borella, Colombo, 14.10.46. Re: Prawn Fishing in Negombo Lagoon Final Proposal Already I have made two tentative proposals on the matter. In the meantime I have listened more than once to each of the various parties. I have discussed the matter with them at great length. After thus gathering all available information, I have pondered at length over the various possibilities and consequences. The following is my last proposal, and I strongly and personally recommend it to the acceptance of all parties concerned. It is a follows : 1. The Pitipana be given Arnbalapitiya, Tummodera and Diabari 2. That Orappaduwa be given to Pitipana only on Duwa days. 3. That all the rest remains as it has been so far, unchanged. 4. That Pitipana agrees not to make any further demands on the Kattudel "Padus" in the Negombo lagoon. It is true that Sea Street and Grand Street will lose just a little. But I am sure that their generosity and Christian charity will triumph over this little material loss. On the other hand by this agreement they will avoid endless trouble and worry to their parishes and their parish priests. There also will be peace not only for themselves but also for their children in the generations to come. What is the earthly use of having even the whole 1agoo.n if this to cost the blood of their children. Any blood shed there will be if no agreement is reached. I therefore most earnestly recommend this proposal as the best for the good of all.

Sgd. Thomas Cooray, Coadjutor Archbishop & Administrator.

Archbishop's House, Borella, 3 1. 3. 47.

Agreement regarding prawn-fishing in the Negombo Lagoon between Duwa, Grand Street, Pitipane and Sea Street. 1. Pitipane to have permanently and exclusively: Diabari Odai, Thummodera, Ambalapitiya. and Orappadu only on Duwa days. 2. To give Duwa, Grand Street and Sea Street two days each in the week in rotation, excluding sunday. 3. Sunday to go in rotation to Grand Street and Sea Street. 4. But on Sundays Kawatty, Maya Putti, Tiljeadi and Usanthakadi to be excluded from grand Street and Sea Street and be given to Duwa. 5. Pitipane not to claim any more rights in the future. 6. Each group to form themselves to associations on the present model of Grand Street and Sea Street.

1. For Duwa - Sgd. Vincent Fernando, 2. For Grand Street - Sgd. Raphiel John Pieri, Victor Buildings, St. Joseph's Street, Negombo . Negombo. 3. For Pitipane - Sgd. Colombage Francis Fernando, Pitipane, Negombo. 4. For Sea Street - Sgd. W.D.E. Fernando, St. Anthony's, Hunupitiya, Negombo. PROMISED AND SIGNED BEFORE ME. Sgd. Thomas Cooray, O.M.I., Coadjutor Archbishop Colombo. Witness : 1. Sgd. F. Fernando O.M.I. 2. Sgd. Claude Lawarence O.M.I. Annex 4 (Extract from the "Ceylon Government Gazette" No. 11.579 of November 7, 1968.) L. D. -B. 28, 55.

THE FISHERIES ORDINANCE, No. 24 OF 1940 REGULATIONS made by the Minister of Industries and Fisheries under sections 18a and 26 of the Fisheries Ordinance. No. 24 of 1940, as modified by the Proclamation published in Gazette Extraordinary No. 9,773 of September 24, 1947, and amended by the Fisheries (Amendment) Acts, No. 25 of 1952 and No. 30 of 1956 and approved by the Senate and the House of Representatives.

P.H. William de Silva, Minister of Industries and Fisheries. Colombo, November 1 1958.

Regulations 1. These regulations may be cited as the Negombo (Kattudel) Fishing Regulations. 1958, and shall come i~tooperation on the first day of November, 1958. 2. (1) Save as otherwise provided in paragraph 2, no person shall take fish by means of a kattudel in the waters described in the First Schedule hereto. (2) Any person who is a fisherman by occupation and who is a member of- either- (a) the Grand Street Kattudel Fishermen's association, or (b) the Sea Street Kattudel Fishermen's Association, or (c) the Duwa Pitipane Weediya Kattudel Fishermen's Association, or (d) the Pitipane Kattudel Fishermen's Association. may take fish in accordance with the provisions of regulation 3 in the padus specified in the Second Schedule hereto being padus situated in the waters described in the First Schedule hereto. 3. (1) On the day on which these regulations come into operation and on every third day thereafter- (a) a fisherman who is a member of the Grand Street Kattudel Fishermen's Association may take fish in all the padus specified in the Second Schedule hereto except the Mandagasalambe padu and the Diyabariode padu; and (b) a fisherman who is a member of the Pitipane Kattudel Fishermen's Association may take fish in the Mandagasalambe padu and in the Diyabariode padu. (2) On the day following the day on which these regulations come into operation and on every third day thereafter- (a) a fisherman who is a member of the Sea Street Kattudel Fishermen's Association may take fish in all the padus specified in the Second Schedule hereto except the Mandagasalambe padu and Diyabariode padu; and (b) a fisherman who is a member of the Pitipane Kattudel Fishermen's Association may take fish in the Mandagasalamble padu and the Diyabariode padu. (3) On the second day following the day on which these regulations come into operation and on every third day thereafter- (a) a fisherman who is a member of the Duwa Pitipane Weediya Kattudel Fishermen's Association may take fish in all the padus specified in the Second Schedule hereto except the Ambalampitiya padu, the Thummodera padu, the Diyabariode padu, the Orapaduwa padu and the Mandagasalambe padu : and fisherman who is a member of the Pitipane Kattudel Fishermen's Association may take fish in all or any of the following padus :- Arnbalampitiya padu. Thummoderapadu, Diyabariode padu, Orapaduwa padu and Mandagasalambe padu.

First Schedule All that portion of the Ceylon waters situated in the Divisional Revenue Officer's Divisions of Alutkuru Korale North. A and Alutkuru Korale South, in Colombo District of the Western Province; and bounded as follows: North: By a line drawn from a point on the high-water mark of Negombo Lagoon at the north-eastern corner of Duwa Village, about 132 yards north of the Ferry which runs east wards from the said Duwa village to the mainland, south-east wards along a straight line through the said Lagoon to a point on the high-water mark of the Lagoon at the south-western corner of lot 20 in P. P. A 2,940 (about 25 yards west of the southern extremity of the centre line of Solby Road) in Kuttiduwa Village situated in Ward No. 2-Kotakampu of the Negombo Municipality thence east wards, south wards and again east wards along the high-water mark of the Negombo Lagoon, crossing the road leading to Munnakkare, until it meets the mouth of the Ela which forms the common boundary of Ward No. 10-Grand Street, and Ward No. 11-Kurana Bolawalana of the Negombo Municipality. East: By a line drawn from the last-mentioned point south wards along the high-water mark of the Negombo Lagoon until it meets the mouth of Dandugan Oya which forms the boundary between the Divisional Revenue Officer's Divisions of Alutkuru Korale North-A and Alutkuru Korale South. South: By a line drawn from the last-mentioned point south-east wards along the high-water mark of the Negombo Lagoon until it meets the mouth of Hamilton Canal on the western shore of the said Lagoon. West: By a line drawn from the last-mentioned point northwards along the. high-water mark of the Negombo Lagoon until it meets the starting point of the northern limit of the area.

Second Schedule Moya Padu Erakattuwa Padu Kawatiya Padu Maiyapitiya Padu Thilliadiya Padu Mankuliya Padu Eramankuliya Padu Wellkkalama Padu Moda Ela Padu Usandakattu Padu otherwise known as Kougaha Padu or Kongahalanga Padu Ambalampitiya Padu Keerikiuluwa Padu Thummodera Padu Diyabariode Padu 15. Mandagasalambe Padu 16. Orapaduwa Padu 17. Manaladiya Padu otherwise known as Kandalkatte Padu or Kandankatte Padu.

4. References

CHRISTY, F.T. JR., Territorial Use Rights in Marine Fisheries: Definitions and Conditions. FA0 Fish. Tech. 1982 Pap., (277) : 10 p. FAO, Marine Small-Scale Fisheries of Sri Lanka : A General Description. BOBP/INF/6.60 p. 1984 MUNASINGHE, H., Socio-economic conditions of small-scale fisheries in Sri Lanka. In: Marga Quarterly Journal 1984 Special Issue on Fisheries 7 (2) and (3). pp. 11-36 PANAYOTOU, T., Management Concepts for Small-scale Fisheries: Economic and Social Aspects. FA0 Fish. 1982 Tech. Pap., (228): 53 p. PANAYOTOU, T., A Resource Sector with a Difference: Limited Entry and Competitive Marketing in Sri Lankan 1984 Fisheries. In: Marga Quarterly Journal Special Issue on Fisheries. 7(2) and (3), pp. 1-10. PEARSON, J., Fishing Appliances of Ceylon. Bulletin of Ceylon Fisheries, I (3). pp. 70-104. 1923 PILLAI, T.G., Brackish Water Fish Farming in Ceylon. BUN. Fish. Res. Stn. Ceylon, 17 (2) pp. 289-291. 1964 SAETERSDAL, G. and G.H.P. De.BRUIN,A Survey of the Coastal Fish Resources of Sri Lanka, Report. No. 1. 1979 Fisheries Research Station, Colombo and Institute of Marine Research, Bergen, pp. 40-44. SRI LANKA, MINISTRY OF FINANCE AND PLANNING, 1985. Public Investment, 1985-1989. pp. 50-51. 1985 SRI LANKA, DEPARTMENT OF FISHERIES, Jakottu Permits. File No. Galu/132/J.B. 1974 WANIGABADU, O., Negombo Fishermen (in Sinhala) Vimukti Series 9. Centre for Society and Religion, 1978 Colombo, Sri Lanka. 49 p.