LEGAL CONTROL OF FISHING INDUSTRY IN KERALA Thesis Submitted By P.S. Krishna Pillai For the Degree of Doctor of Philosophy Faculty of Law COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY COCHIN - 682 022 MAY, 1997. nEcLARA'Ijyi0N This is to certify that this Thesis titled ‘Legal Control of Fishing Industry in Kerala' is a bonafide record of work carried out by me under the supervision of Sri V.D. Sebastian and no part thereof has formed the basis for the award of any Degree/Diploma/Associateship of any University. P. S . KRISHNA PILLAI C- Bi Tl__,Fr__tI_tttt¢ F3 t E This is to certify that this Thesis titled ‘Legal Control cfi? Fishing Industry ill Kerala' is ea bonafide record of work done by Shri P.S. Krishna Pillai under my guidance in the Department of Law and no part thereof inns formed time basis for time award cfl? any Degree/Diploma/Associateship of any University. Dr. V. D. SEBASTIAN Supervising Guide 920 NT C3 Preface List of Statutes List of Cases PART I Chapter I Introduction - l5 Chaphnr II Developments in the Law of l6 — 72 the Sea and assumption of national jurisdiction. PART II Chapter III Legal control of fishing 73 147 Industry in Kerala PART III Chapter IV Conservation 148 201 Chapter V Conflict Management 202 246 Chapter VI Social justice to Traditional 247 322 Fishermen Chapter VII Fish_for Food 323 337 Chapter VIII Foreign Exchange 338 354 D PART IV Chapter IX Co—operative Federalism and 355 386 National Legislation in the Fisheries Sector. PART V Chapbtr. X Conclusions and Suggestions 387 - 4ll Ilii :: ii :: Bibliography List of International Conventions/ Conferences List of Articles/Journals List of Reports of Commissions/ Committees P R I5. E E This work is a study on ‘Legal Control of Fishing Industry in Kerala', Law sets the norms for social behaviour. What does the law do for those half-naked, poverty-Stricken fishers who constitute a considerable portion of the foreign exchange earners ? How does law bring them into the national stream knr regulating their behaviour and protecting their Rights ? An earnest attempt is made to find out answers to these questions. Fishery and Fishery—related legislations are sought to be examined in the light of scientific opinion and judicial decisions. A purposive and inqusitorial enquiry is attempted to be made into the various problems of the fisheries sector and to find out viable and meaningful solutions for them. This work is divided into five Parts. Part I is intended to prepare a background for the study. Part II examines the relevant legislations. Part ltfit seeks to adopt a purposive approach to time provisions of Fishery Legislations. Part IV makes out a case for co—operative federalisnl and ea national legislation. in "the :fisheries sector. Part V is devoted for conclusions and suggestions. :: ii :: The thrust of time Study is (N1 the success of legislative measures in attempting to achieve socio—economic justice for the fishermen community. Any legislation or policy in this direction is not a grant or a concession for time fish workers. 11; is only e1 step towards complying with the mandates of the Directive Principles of State Policy. I am heavily indebted to my respectful guide Dr. V.D. Sebastian, Professor (Retd), Department of Law, Cochin University of Science and Technology (CUSAT), for his help and guidance without which I would not have been able to complete this work. I am much grateful to Dr. N.S. Chandrasekharan and Dr. K.N. Chandrasekharan Pillai, Professors, Faculty of Law, CUSAT for their views and suggestions. I extend my sincere thanks to the library staff of the High Court of Kerala, Department of Law, CUSAT, Programme for Community Organisation, PCO Centre, Spencer Junction, Thiruvananthapuram, South Indian Federation of Fishermen Societies (SIFFS), Karamana, Thiruvanathapuram and of the Centre for Development Studies, Ulloor, Thiruvananthapuram for helping me in collecting the material for the study. :2 iii : I have received valuable help and assistance from various quarters for the completion of this work. I express my sincere thanks and regards to each anui all of them. Ernakulam \ ___i, 23.05.1997 XP.S. KRISHNA PILLAI LIST QFWSTAIU?E§ The Air (Prevention and Control of (71; Pollution Act, 1981. (Australian) Fisheries Act, 1952. 76, 77, 79, 209, 367, 372. ( do ) Fisheries (Amendment) Act, 1980. ;1oQ,f¥%l/3:(4 ( 'do Act, ) Coastal 1980. Waters (State Powers) 371 ( do ) Coastal Waters (State Title) 371 Act 1980. ( do } Seas and Submerged Lands Act, 361, 363, 1973. 370 Act Governing the right to fish in 75, 218. Thai. .Fishery' Waters, BE 2482 (1939). (Bangladesh) Marine Fisheries Ordi "lcl, 7? nance, 1983. Bengal Act 2'of 1980 76, 77, 89 British North America Act, 1867 80, 367, 370 (Subsequently renamed as the Constitution Act, 1867.) Coast Guards Act, 1978 240, 244 Cochin Fisheries Act 3 of 1092 M.E. ‘W9 Code of Civil Procedure,l908 130 Code of Criminal Procedure, 1973 130 Commonwealth of Australia Constitution 80, 82, 360, Act, 1900. 267, 370, 373 Commonwealth Act No. 4003 (Philippines) 215 Constitution (Fifteenth Amendment) Act, 1963. 56 Constitution (Fortieth Amendment) 52, 67 Act, 1976. Constitution (Forty Second Amendment) Act, 1976. 1'-IN, Environment (Protection) Act, 1986. 116, 118. Export (Quality Control and Inspection) 347 Act, 1963. (Fiji) Marine Spaces Act, 1977 75 Goa Marine Fishing Regulation Act, 1980 126 Government of India Act, 1935 29, 32, 35, 83, 355. Indian Fisheries Act, 1897. 23, 40, 41, 42, 44, 79, 88, 90, 92, 94, 95, 98, 103,99, 100, 104 105, 106 Indian Fisheries (Andhra Pradesh) 91 Andhra Area Amendment Act 2 of 1929. Indian Fisheries (Andhra Pradesh 91 Extension and Amendment) Act 5 of 1960. Indian Fisheries (Goa, Daman & Diu) 91 Amendment Act 11 of 1970 Indian Fisheries (Madras Amendment) 91 Act, 1929. Indian Fisheries (Pondicherry Amendment) 91 Act, 1965. Indian Fisheries (Tamil Nadu Amend­ 91 ment) Act 22 of 1965. Indian Fisheries (Tamil Nadu Amend­ 91 ment) Act 12 of 1980. (Indonesia) Decree No. 1 of 1975 204 (Indonesian) Decree No. 609 of 1976 204 (Indonesian) Decree No. 15 of 1984 204 (Indonesian) Decree No. 475 of 1985 204 (Indonesian) Decree No. 476 of 1985 204 (Indonesian) Decree No. 477 of 1985 204 (Indonesian) Ministerial Decree No. 607 204 of 1976 (Indonesian) Presidential Decree No. 204 39 of 1980. (Indonesian) Law No. 9 of 1985 on 76, 79, 204 Fisheries. (Japanese) Fisheries Law on 1949 221 J & K Fisheries Act, 1960 92 Kerala Co-operative Societies Act, 1969 310 Kerala Fishermen Welfare Societies 307, 311 Act, 1980. Kerala Land Assignment Act, 1960 97, 109, 113 Kerala Land Conservancy Act, 1957 97 Kerala Marine Fishing Regulation Act, 1980 79, 126, 223, 224, 225, 227, 228, 229, 242,263, 264,243, 314, 367. Kerala Marine Fishing Regulation 129 (Amendment) Act, 1986. Kerala Marine Fishing Regulation 129 (Second Amendment) Act, 1986. Kerala Panchayath Raj Act, 1994 109 Madhya Pradesh Fisheries Act 385 1948 92 Madhya Pradesh Fisheries (Amendment) 92 Act, 1981. Madras Estates (Abolition and Conmzquflfiion 35, 36, 38, into Ryotwari) Act, 1948. 41, 42, 355 Maharashtra Fisheries Act I of 1961 951 Maharashtra Marine Fishing Regulation 125 Act, 1981. (Malaysian) Exclusive Economic Zone 72 Act, 1984. (Malaysian) Fisheries Act, 1963 209, 377 (Malaysian) Fisheries Act, 1985 79,72, 76, 209, 77, 213, 367, 377, 381, (Malaysian) Fisheries (Amendment) 377, 381 Act, 1993. Marine Products Export Development!hJ%w%£% 339, 345 Act, 1972. Maritime Zones of India (Regulation 75, 134, 146 of Fishing by Foreign Vessels) Act, 1981 146, 239, 345 National Environment Tribunal Act, 1995 1‘?-L; (New Zealand) Territorial sea and 75 Exclusive Economic Zones Act 1977 Orissa Marine Fishing Regulation Act, 1982 126 (Pakistan) Exclusive Fishery Zone 72, 75 (Regulation of Fishing) Act, 1975. (Pakistan) Territorial Waters and Maritime 72 Zones Act, 1976. (Philippines) Presidential Decree No. 215 704 of 1975. Punjab Fisheries Act 20 of 1914 92 Rajasthan Fisheries Act No. 16 of 1953 92 (Sri Lankan) Fisheries (Regulation of 75 Foreign Fishing Boats)Act No. 59 of 1979 States Re-organisation Act, 1956 88 Tamil Nadu Marine Fishing Regulation 126, 365 Act, 1983. Territorial Waters, Continental Shelf, 47, 74, 240, Exclusive Economic Zone and other Mari­ 357, 361, time Zones Act, 1976. 365, 370 Territorial Waters Jurisdiction Act, 1878 23, 44 (Thai) Water Duty Act of 1864 218 (Tonga) Territorial Sea and Exclusive 75 Economic Zones Act, 1978. Travancore Cochin Fisheries Act, 1950 79, 88, 92, 94, 95, 96, 98, 99, 100 United Provinces Fisheries Act 45 of 1948 92 (U.S.A.) Fishery Conservation and 77 Management Act, 1976. Water (Prevention and Control of Pollution) 218, 385 Act, 1974. Wild Life Protection Act, 1972 109 West Bengal Agricultural and Fisheries 92 (Acquisition and Resettlement) Act l3 of 1958. West Bengal Inland Fisheries Act 92 25 of 1984. LIST OF _CASES A.G. for Canada Vs. A.G. for British Columbia 8l, 368 A.G. for Canada Vs. A.G. for Ontario 80, 356, 367 Ajay Singh Rawat Vs. Union of India {C1 AMSSVM & Co. Vs. The State of Madras 35, 37, 41, 43, 355, 356 The Anna Case 23, 48 Annakumaru Pillai Vs. Muthupayal 27, 37, 41 Anglo—Norwegian Fisheries Case 48 Baban Mayacha Vs. Nagu Shravucha 25 Babu Joseph Vs. State of Kerala 83, 226, 366 Bonzefi Vs. La Macchia 82, 360, 369 The Continental Shelf (Tunisia ­ 67 Libya Case) The North Sea Continental Shelf Cases 57 Indian Council for Enviro-Legal Action lQ5/ W16 Vs. Union of India. Jagannath S. Vs. Union of India ll6, ll8, 333 Joseph Antony Vs. State of Kerala 228 Kerala Trawlnet Boat Operators‘ 235, 238, Association Vs. State of Kerala.