2. Overfishing: A Threat to Ocean Wealth and Livelihoods
Background
- The Indian marine fisheries sector has reached around 3.70 million tonnes of capture in recent years, indicating it has achieved its maximum sustainable yield. Despite this, there is still inequity.
- Small-scale fishers account for 90% of the fishing population but contribute only 10% of the total catch. This disproportionately affects their livelihoods. The issue is exacerbated by the fact that many small-scale fisher families live below the poverty line.
- In a recent study, about one-third of the vessels fishing for shrimp in the Arabian Sea were found to be engaged in illegal, unreported, and unregulated (IUU) fishing.
- Over 10 kilograms of discarded bycatch (unwanted fish caught incidentally) were retained on board, with 37% of these discards being juvenile fish.
- Multi-species, multi-gear fisheries pose significant challenges due to the large number of different species caught and the diverse fishing methods. Inadequate spatial planning and investments further complicate the issue.
- Overfishing causes biodiversity degradation by damaging coral reefs and oceanic communities, leading to the collapse of food webs.
- Juvenile fishing, characterized by smaller mesh sizes, targets fish before they reach maturity. This practice is ecologically unsustainable and leads to economic losses.
- Examples of economically important species affected include sardine and mackerel. The decline of these species can take years or even decades to recover, or in the worst-case scenario, may be irreversible.
- Previous collapses of fishery stocks have occurred. For example, the California sardine fishery collapsed in the mid-20th century due to overfishing and unfavorable environmental conditions.
The Situation Now
- Fisheries regulatory frameworks are complex. While all coastal states and union territories have their own Marine Fisheries Regulation Acts (MFRAs), a patchwork of rules exists, making enforcement challenging.
- Undermining conservation efforts is further complicated by the lack of clear enforcement guidelines.
- Countries need to adopt harmonized safeguards to implement international standards for integrating ecologically sustainable catch limits. This includes uniform minimum legal size (MLS), fishing gear restrictions, and closed seasons.
- The New Zealand's (FMA) quota management system has been effective due to its scientific design and policy. This system relies on robust stock assessments and has led to the rebuilding of some fisheries.
- The adjusting of the FMA for large mechanized trawlers at least on a pilot basis, which could mean the depletion of marine biodiversity by long fishing allowances or actual stock health rather than vessel size or fuel use. The target size limits and minimum legal-size regulations are already in place.
- There are success stories from India. For example, in Kerala, enfaced minimum legal size for threadfin bream has led to an increase of 41% within a single season. This allows the fish to mature and reproduce, resulting in better income for fishers.
- In the fish-meal and fish-oil (FMFO) industry, juvenile fish are a major component. It diverts fish that could be used for human consumption, thereby creating an inequitable distribution of resources.
- Some states' trawl fisheries account for over half of the catch volume, much of which is juvenile fish.
- Bycatch is often converted into fish meal and oil, further exacerbating the issue. The Indian Fish Consumers and the Indian Aquaculture Industry have focused on ethical nutrition sources.
- The FAO (Food and Agriculture Organization) is advocating for the release of juveniles or redirecting bycatch toward local aquaculture.
- However, achieving these reforms demands action at multiple levels. At the national level, the central government needs to optimize vessel licenses, infrastructure grants, and fisheries subsidies. There is also a need to develop a robust regulatory framework that includes well-equipped patrols and real-time reporting tools.
- Fisher cooperatives and village councils should be empowered to manage local marine protected areas and breeding sanctuaries. Urban and rural consumers should prioritize ethically sourced seafood and refuse to purchase fish that contributes to marine biodiversity loss.
Way Forward
- Climate-driven threats, coastal erosion, and market volatility already threaten India's nearly 8,000 km coastline and its 3,500 fishing villages.
- Getting accurate data is crucial. This will help prevent poverty, eradicate marine biodiversity loss, and provide sustainable livelihoods for coastal communities.
- Solutions should be based on science-based quotas, harmonized regulations, community-led stewardship, and a policy shift that focuses on long-term sustainability.
- International Day for Biological Diversity reminds us that we must protect our vibrant marine life. This not only promotes jobs and livelihoods but also the ecological resilience and equitable prosperity of generations to come.
Background
- The Indus Waters Treaty (IWT), signed between India and Pakistan in 1960, governs the sharing of the Indus River system. It was brokered by the World Bank.
- Despite the prolonged political hostilities and conflicts between India and Pakistan, the IWT has largely endured. It has been hailed as a success story of international cooperation and a model for resolving transboundary water disputes.
- The treaty allocated the eastern rivers (Ravi, Beas, and Sutlej) to India and the western rivers (Indus, Jhelum, and Chenab) to Pakistan, while allowing India certain limited uses on the western rivers.
- The IWT established a Permanent Indus Commission to facilitate communication and resolve disputes. It also outlined a multi-stage dispute resolution mechanism, including a "Neutral Expert" and a "Court of Arbitration."
- However, the recent Pulwama terrorist attack and subsequent hostilities have led to calls in India for re-evaluating the IWT, with some suggesting the possibility of using water as a strategic tool against Pakistan. This raises crucial questions about the future of the treaty and the broader implications for international water law.
The Situation Now
- India's review of the IWT is primarily driven by concerns about Pakistan's continued support for cross-border terrorism. Some argue that by limiting water flow to Pakistan, India could exert pressure on its neighbor.
- This approach, however, carries significant risks. It could escalate tensions, undermine international legal norms, and potentially lead to water scarcity and humanitarian crises in Pakistan.
- The Kishanganga Hydroelectric Project in Jammu and Kashmir and the Ratle Hydroelectric Project on the Chenab River are examples of projects that have led to disputes under the IWT. Pakistan has raised objections to these projects, claiming they violate the treaty's provisions.
- These disputes have gone through various stages of the IWT's dispute resolution mechanism, including consultations, references to the Permanent Indus Commission, and requests for a Neutral Expert or a Court of Arbitration.
- The IWT, despite its past successes, is now facing unprecedented challenges due to political tensions. The significant legal and political implications of abrogating or altering the treaty are substantial.
- Some proposals suggest revisiting the Simla Agreement of 1972 or engaging in third-party mediation to resolve the current deadlock. However, Pakistan has historically resisted third-party involvement in disputes with India.
Way Forward
- The IWT is a complex legal and technical treaty. Any unilateral withdrawal or abrogation by India would have far-reaching international legal and political consequences.
- The Vienna Convention on the Law of Treaties (1969) provides a framework for treaty interpretation and termination, but unilateral abrogation is generally not permitted.
- Using water as a weapon could set a dangerous precedent, undermining international norms and potentially leading to similar actions by other riparian states. It could also have severe humanitarian consequences.
- While India has legitimate concerns about terrorism, resorting to water as a coercive tool may not be the most effective or ethical solution.
- A more pragmatic approach would involve exploring all available dispute resolution mechanisms within the IWT framework, including dialogue, negotiation, and, if necessary, mediation by international bodies.
- The focus should remain on upholding the spirit of international law and promoting cooperative water management, even in times of political strain.
- The goal should be to find solutions that address both India's security concerns and Pakistan's water needs, ensuring regional stability and sustainable resource management.
- As Kannan, former advisor to the Ministry of Water Resources, notes, the IWT is more than just a legal document; it is a symbol of enduring peace and cooperation. Any decision regarding its future must be made with utmost care and consideration for all stakeholders.
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