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INDIA – Legal Matrix on Mangroves' Conservation and Use

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INDIA – Legal Matrix on Mangroves' Conservation and Use Mangroves for Nature, Humans and Development INDIA – Legal Matrix on Mangroves' Conservation and Use International obligations Ramsar Yes Convention on World Yes Heritage Is the State a party to any of these Convention on Biodiversity Yes conventions? UNCLOS Yes UNFCCC/Paris Agreement Yes Regional Agreements Others Are there Ramsar sites including Bhitarkanika Mangroves; Ashtamudi Wetland; Point Calimere Wildlife and Bird Sanctuary mangroves in the country? Are there World Heritage Sites The Sundarbans – world’s largest area of mangrove forests including mangroves in the country? India INDC to UNFCCC Mitigation strategies: 1.6 Planned Afforestation Do the Nationally Determined Initiatives like Green India Mission aim to further increase the forest/tree cover to the extent of 5 Contributions of the country relate to million hectares and improve quality of forest/tree cover on another 5 mha of forest/non-forest mangroves? lands along with providing livelihood support. It is expected to enhance carbon sequestration by about 100 million tonnes CO2 equivalent annually. Adaptation strategies: 1 2.4 Coastal Regions & Islands Another initiative to protect coastal livelihood is ‘Mangroves for the Future (MFF)’ coordinated by International Union for Conservation of Nature (IUCN) in India. Island Protection Zone: focuses on disaster risk reduction through bioshields with local vegetation (mangroves) and other soft protection measures … INDC 5. To create an additional carbon sink of 2.5 to 3 billion tonnes of CO2 equivalent through additional forest and tree cover by 2030. 6. To better adapt to climate change by enhancing investments in development programmes in sectors vulnerable to climate change, particularly agriculture, water resources, Himalayan region, coastal regions, health and disaster management. National Mission for Green India: Incremental annual mitigation potential 2020 for Restoration of How is carbon accounting .2 Mha of Mangroves + Wetland catchment = 1.6 MtCO2. Estimated by the Indian Institute of conducted? Science. Constitution and governance 48A. The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. (inserted by by the Constitution (Forty-second Amendment) Act, 1976, s. 10 (w.e.f. 3-1-1977)). Is there any constitutional provision 51A. It shall be the duty of every citizen of India---(g) to protect and improve the natural relevant to mangroves? environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; 2 National Conservation Strategy and Policy Statement on Environment and Development 4.4 To address to the above stated agenda, the instruments for action will include the following: Are access to information, access to to elicit and ensure participation of people in programmes for environmental justice and public participation improvement and for integrating the environmental concerns in planning and recognized by the law? implementation of development programmes; National Action Plan on Climate Change – Eight National Missions – National Mission for a Green India: A National Mission will be launched to enhance ecosystem services including carbon sinks to be called Green India… The Mission on Green India will be taken up on degraded forest land through direct action by communities, organized through Joint Forest Management Committees and guided by the Departments of Forest in state governments. National Mission for Green India Sub Mission 2: Ecosystem restoration and increase in forest cover … d) Restoration of Mangroves: 0.10m ha. Mangrove and coastal ecosystems deserve special conservation efforts as those What are the national policies / ecosystems save lives and property from natural calamities such as cyclones, storm surges and strategies related to mangroves or erosion, and are the breeding, feeding and nursery grounds for many estuarine and marine coastal ecosystem? organisms…. The target of 0.10 m ha of mangrove restoration will primarily involve lands which were mangroves historically but are not under mangrove vegetation now. Mangroves for the Future National Strategy and Action Plan India [includes strategies for both conservation and restoration of mangroves, with focus on community participation] National Environment Policy 2006 3. Objectives 3 iii. Inter-generational Equity: To ensure judicious use of environmental resources to meet the needs and aspirations of the present and future generations. iv. Integration of Environmental Concerns in Economic and Social Development: To integrate environmental concerns into policies, plans, programmes, and projects for economic and social development. vi. Environmental Governance: To apply the principles of good governance (transparency, rationality, accountability, reduction in time and costs, participation, and regulatory independence) to the management and regulation of use of environmental resources. 4. Principles ii. The Right to Development; iv. The Precautionary Approach; v.Economic Efficiency:a) Polluter Pays; viii. Legal Liability; ix. Public Trust Doctrine; x. Decentralization; xi. Integration; xiv. Environmental Offsetting 5. Strategies and Actions 5.1 Regulatory Reforms. 5.1.1 Revisiting the Policy and Legislative Framework: a) Institutionalize a holistic and integrated approach to the management of environmental and natural resources, explicitly identifying and integrating environmental concerns in relevant sectoral and cross-sectoral policies, through review and consultation, in line with the National Environment Policy; d) Take steps to adopt and institutionalize techniques for environmental assessment of sector policies and programmes to address any potential adverse impacts, and enhance potential favourable impacts. 5.1.3 Substantive Reforms: ii) Coastal Areas: a) Revisit the Coastal Regulation Zone (CRZ) notifications to make the approach to coastal environmental regulation more holistic thereby ensure protection to coastal ecological systems, coastal waters, and the vulnerability of some coastal areas to extreme natural events and potential sea level rise. 4 5.2.3. Forests and wildlife: (i) Forests: b) Formulate an innovative strategy for increase of forest and tree cover from the 2003 level of 23.69 percent of the country's land area, to 33 percent in 2012, through afforestation of degraded forest land, wastelands, and tree cover on private or revenue lands. Key elements of the strategy would include: (iv) focus public investments on enhancing the density of natural forests, mangroves conservation, and universalization of community based practices. 5.2.7 Coastal Resources: a) Mainstream the sustainable management of mangroves into the forestry sector regulatory regime, ensuring that they continue to provide livelihoods to local communities…. d) Adopt a comprehensive approach to Integrated Coastal Management by addressing linkages between coastal areas, wetlands, and river systems, in relevant policies, regulation, and programs. National Conservation Strategy and Policy Statement on Environment and Development 4.3 The agenda for action … will include the following: to ensure sustainable and equitable use of resources for meeting the basic needs of the present and future generations without causing damage to the environment; to prevent and control future deterioration in land, water and air which constitute our life-support systems; to take steps for restoration of ecologically degraded areas and for environmental improvement in our rural and urban settlements;… to ensure that the environment and productivity of coastal areas and marine ecosystems are protected;… to conserve and nurture the biological diversity, genepool and other resources through environmentally sustainable development and management of ecosystems, with special emphasis on our mountain, marine and coastal, desert, 5 wetlands, riverine and island ecosystems; 5.2.1.4 The steps to be taken for sustainable use of land and water should include the following: Protection of land near water bodies and prevention of construction there upon; Measures to ensure equitable access to and responsibility for sustainable use of land and water resources; Conservation of wetlands for ensuring sustainable ecological and economic benefits; National Forest Policy 1988 Basic Objectives: Maintenance of environmental stability through preservation and, where necessary, restoration of the ecological balance that has been adversely disturbed by serious depletion of the forests of the country. Strategy: The national goal should be to have a minimum of one-third of the total land area of the country under forest or tree cover. In the hills and in mountainous regions, the aim should be to maintain two-third of the area under such cover in order to prevent erosion and land degradation and to ensure the stability of the fragile eco-system. National Policy on Marine Fisheries 2017 40.0 While promoting development of sustainable fisheries, the Government will place emphasis on maintenance of the ecological integrity of marine environment, so as to ensure that there are no adverse effects on the endangered, threatened or protected marine species. Mangroves, seagrass beds and coral reefs are integral part of the coastal marine eco-systems and provide a range of eco-system services, including habitation for many fish species and marine mammals (e.g. dugong). Such ecosystems will be protected from anthropogenic impacts. 6 Institutions and processes Coastal Aquaculture Authority
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