27 September 2020, NIICE Commentary 6029
Ruwanthi Jayasekara
Illegal, Unreported and Unregulated (IUU) fishing takes place both on high seas and areas within national jurisdiction. All fishing activities conducted by national or foreign vessels without the permission of a state or in contravention to its law, which most of the time go unreported or misreported, or are carried out in disregard of local and international conservation measures, can be identified as IUU fishing practices. In the context of Sri Lanka, both locals and Indian fishermen engage in IUU fishing.
This has been a historical bilateral dispute for decades and remains unresolved even today. The gap between India and Sri Lanka is limited to 24 Nautical Miles of the Palk Bay and Palk Strait. This has been the main reason for Indian fishermen to claim their historical rights to Sri Lankan waters. Although the International Maritime Boundary Line (IMBL) was demarcated, thereby restricting anyone from trespassing beyond their own 12 Nautical Miles, it has been violated time and again, for decades now. There are approximately 300 Indian vessels entering Sri Lankan waters per day. They are identified by the Sri Lanka Navy and Coastguard on every Monday, Wednesday and Saturday.
Over 600,000 people are employed in the fishing industry and not only do they contribute to the food supply, but also to foreign exchange earnings and therefore, their employment serves a role beyond lives and livelihoods. The root causes for IUU fishing by locals is their inability to afford sustainable methods of fishing, since less incentives are provided by the government and there exists less awareness on technology for the fishing community, etc. The ultimate problem about IUU fishing, besides those who illegally engage in it, is that it is unsustainable. There is a direct impact on human security and an indirect impact on geopolitics, economy, environment and the overall national security. Therefore, to achieve sustainability as the ultimate outcome, the process of eliminating IUU and replacing livelihoods of those who engage in it, should begin from the roots.
There has been an increase in IUU fishing in recent years, despite existing laws and apprehension expressed by authorities, which has led to seizure of vessels, explosives and other unauthorised nets. From 2015 to 31 July 2020, 7,067 locals and 1,578 Indian fishermen were apprehended while 2,916 others were sighted and chased away. In addition, 1,930 local fishing vessels and 280 Indian fishing vessels were seized while 72,532 Indian vessels were sighted and chased away during the same period of time. It is dismal that fishermen illegally utilise detrimental fishing equipment including hand nets, pure seine nets, nylon nets and other explosives such as gelignite and water gel, which damage the corals, coral reefs and marine habitats for many species, out of which some are endangered. This is one of the reasons for Indian fishermen to poach in Sri Lankan waters, as most of the marine resources are being scraped out in their boundary, limiting the environment for the sustenance of fish species.
Besides, this creates a drastic impact on the environment. Extinction of marine habitats and species poses direct risks to sustenance and ocean governance. IUU fishing creates the risk of birthing natural disasters. The earth acts as the biggest carbon sink and if this energy is released back to the environment instead of being absorbed, it could develop as cyclones, sea springs or tornadoes, making the nearby agricultural lands, non-cultivable. Impact posed by IUU fishing is not only limited to the employment in the fishery, but also in other domains including farming.
There are other crimes linked to IUU fishing, which include narcotics and human smuggling. Unmonitored sea routes that are used for fishing become a crucial medium for drugs entering the country. India acts as a hub for dealing narcotics that originate from countries like Afghanistan and South Africa, and the majority of these narcotics are trafficked via India to Sri Lanka. In 2020, 134 people were apprehended by Sri Lanka navy for trafficking heroin, out of which 23 were foreigners. Despite raids, seizures and laws, numbers have increased.
Another issue that is inconspicuous is the costs associated with vessels and equipment seized. Once Sri Lanka Navy seizures vessels and other equipment, until the court orders are given either for fines or imprisonment, these vessels will be under the naval custody. Thereby, the navy will become responsible for the protection and all maintenance associated with this equipment for months and years. This is not only an unnecessary cost involvement, but also unnecessarily occupied space on land and in harbour.
Sri Lanka is a party to the United Nations Convention on the Law of the Sea (UNCLOS), which was ratified on 19 July 1994. Furthermore, Sri Lanka has ratified UN Fish Stocks Agreement, Indian Ocean Tuna Commission Agreement and Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing etc. Despite all laws in existence, the issue remains inextricable. It is important to note that Sri Lanka has no agreements with any state regarding allowing fishing in Sri Lankan waters, and who ever does it is illegal.
In order to overcome this transboundary issue, the following can be considered as recommendations. There are many authorities working on the same domain such as Navy, Coastguard, Special Task Force and Fisheries and the need is for a Task Force that could act as a central platform sharing data, available tools and technology which makes it easy for all relevant authorities to react and track their work. Currently, it is mostly the public sector that is involved in curbing IUU fishing and it is best if the private sector could cooperate, providing technological assistance like satellite monitoring for illegal ships. Despite all the measures taken, it is necessary to deal with the root cause, by incentivising local fishermen, providing alternative sustainable methods of livelihood rather than bottom trawling, creating awareness among local fishermen, and encouraging Sri Lankans to fish on the Sri Lankan waters of demarcated 12 Nautical Miles in and around the Palk Bay. One reason for Indian fishermen to trespass 12NM is the fact that Sri Lankans tend to fish in the nearby waters as there are sufficient fish for them, while Indian fishermen poach and scrape out valuable fish, marine animals and marine habitats.
IUU fishing has remained an issue for long enough, that both local and foreign fishermen have gotten used to the system of engaging in it. As this is a transboundary issue, this should be dealt with using bilateral negotiations, and with careful attention. Viewing IUU as an issue with a concern to lives and livelihood of fishermen should be stopped as it goes beyond economy, raising concerns on environment, agricultural domain, diplomacy, politics and national security.
