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Goa Environment Federation, v. 1. State of Goa, 2. Director, Directorate of Fisheries, 3. Goa Fishing Boat Owners Association, 4. Goenchea Raponkaracho Ekvot, 5. National Institute of Oceanography and 6. Union of India

Country/Territory
India
Type of court
Others
Date
Sep 24, 2002
Source
UNEP, InforMEA
Court name
High Court of Bombay at Goa
Judge
Radhakrishnan
Hardas
Reference number
(2002) INHCB 298
Language
English
Subject
Fisheries
Keyword
Fishing vessel
Abstract
By this petition, which was treated as a Public Interest Litigation, certain issues were raised relating to protecting, preserving and conserving certain vital species of fish, relating to the rights of traditional fishing communities, which were dependent upon fishing for their day-to-day livelihood and relating to the proper regulation of fishing. The main grievance of the petitioner was that during the breeding season of certain varieties of fish between June and August, the fishing activity of especially mechanized boats and trawlers ought to be stopped, so as to enable the fish to breed, in order to conserve the same on a sustainable basis. The Government of Goa had taken a decision to impose a total fishing ban by all mechanized fishing vessels and trawlers every year from 10th June to 15th August. However, the petitioner pointed out that for the fishing ban to be really effective, certain stringent directions would have to be issued so as to ensure that the ban was not only on paper. Therefore, the court directed, among others, that during the aforesaid ban period, the State Government of Goa should strictly implement the above fishing ban against all kinds of mechanized vessels within the territorial waters of the State Goa. It was made clear that the traditional fishing by boats, without any mechanized motors, etc., were permissible and this order would not come in the way of the fishers earning their day-to-day livelihood by traditional fishing. To ensure effective ban and implementation of the ban, the State Government of Goa was directed to patrol all the beaches; crafts or canoes which were mechanized should be seized. During the ban period, the licences granted to all such mechanized fishing vessels would stand suspended. For a proper conservation of the fish on a sustainable basis, there also had to be uniform dates with regard to fishing ban in all the States on the Western Coast. Hence, the court directed the Central Government to impose such a uniform ban on fishing, fixing uniform dates for all the coastal States on the Western Coast.
Full text
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