Concerns have been expressed in certain quarters about the proposed legislation. Some state governments are apprehensive that it will enable the Centre to encroach upon the jurisdiction of the state governments. There are also concerns that the livelihood of traditional fishermen will be adversely affected or that the Act will allow foreign fishing vessels to fish in the territorial waters of the country.

It must be emphasized that the proposed legislation will not encroach upon the jurisdiction of state governments in any way. The states and UTs will continue to enforce the provisions of their respective State Marine Fisheries Regulation Acts in their respective jurisdictions. These Acts not only provide for mandatory legislation and licensing of fishing vessels in territorial waters, but also prescribe stringent conditions with respect to fishing practices. However, there is no such legal or regulatory framework to govern fishing in the EEZ waters beyond 12 nautical miles and upto 200 nautical miles, which fall under the jurisdiction of the Government of India.

Traditional fishermen are already under a regulatory regime under their respective state legislations. Further, traditional fishermen usually do not venture into the EEZ beyond territorial waters. However, under the proposed legislation if at times they do innocently stray into the EEZ beyond territorial waters, there are saving clauses to exempt these fishermen from penal action.

India is a major exporter of fish and fish products. The importing countries of the world including the European Union are bringing in measures to curb illegal, unregulated and unreported (IUU) fishing. It will be difficult to export fish to these countries in the absence of a regulatory framework and conservation of fisheries resources. Security concerns have also been expressed after the Mumbai terriorist attacks in November, 2008. In view of this, the need for the legislation assumes added importance.

The major objective of the legislation is to ensure that there is no unregulated fishing in the EEZ beyond territorial waters, and to conserve fisheries resources through a fisheries management plan. The Government of India will follow a consensus approach while finalizing this legislation. #