Can the 2025 Sustainable Fisheries Rules ensure sustainable fishing?

For decades, the fisherfolk of Thoothoor, on the outskirts of Kanyakumari, would adventurously sail into the deep sea and perform fishing activities. What makes these fishers unique is their ability to venture offshore in traditionally built vessels and with simple equipment. That makes them one of the few Indians ever to fish up to the frontiers of India’s Exclusive Economic Zone (up to 200 Nautical Miles). However, the Government of India has now decided to open the deep-sea frontiers to all Indians. The Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025  emphasises that the old days of offshore and deep-sea fishing are over. From now onwards, Indian fisherfolk in the Exclusive Economic Zone (EEZ) must adhere to multiple obligations and ensure that sustainability is preserved in every fishing activity.

The mantra of sustainable fishing

The Rules mandate that fisherfolk need to obtain an access pass from the issuing authority to fish using a mechanised vessel in the EEZ. This allows the authority to keep track of all the vessels that venture into the zone and prevent unauthorised ships from engaging in overfishing. Entirely in tune with the current trend, online registrations have also been established for obtaining the access pass. This pass is akin to the identity card of the vessel, and it must be presented upon request to any authority that demands it. Secondly, the Rules mandate the central government to prescribe a ‘Fisheries Management Plan’. This is intended as the outcome of a consultative process in which all the stakeholders, like fishers, research institutions, and states, must be duly taken into confidence.

The Rules introduce a wide range of sustainability measures, including seasonal and area closures, gear and vessel limits, minimum catch sizes, bycatch reduction, better use of oceanic resources, pollution and ghost-gear controls, training for sustainable fishing and on board handling, reduced post-harvest losses, protection of critical fish habitats, government-notified conservation norms, and stock-rebuilding efforts like sea ranching and artificial reefs. This list is not exhaustive, and the government can prescribe more plans.

Thirdly, juvenile fish are completely protected, and fishing activities like bull and pair trawling are entirely prohibited in the EEZ. Trawl fishing destroys the seabed and exacerbates the decimation of overfished stocks. By entirely banning these practices, the fisheries resources in the EEZ can be protected from overexploitation.

Again, the central government must consult with the states and research institutions to prohibit such fishing activities. Fishers are also banned from using dynamites, explosives or any other noxious substances to catch fish.  These prohibitions can already be seen in the existing state fishing regulations. However, one provision that really caught my eye was the absolute prohibition on illegal, unreported, and unregulated fishing. These fishing practices are incredibly damaging in the long run, and it is a welcome step from the government to prohibit them entirely. Fourthly, to ensure that fishing details are accurately captured, the Rules now mandate that vessel operators submit catch details, including fish details, number, weight, and all other necessary information to the authorities.

Promise and perils

For years, India had no legal framework to regulate fishing in the EEZ. So, fishers would venture with no legal protection, no safety requirements and with absolutely no control on fishing limits. In that regard, these Rules fill that void and ensures that fishing in the EEZ becomes a fully regulated and sustainable activity. However, even in the absence of regulations, fishers from Thoothoor have been utilising their traditional knowledge and skills to conduct sustainable fishing. Their usage of the longlining method to catch fish has been proven to be less destructive. In the face of these new Rules, we must closely observe the changes that will now occur in offshore fishing, especially from the perspective of artisanal fishers.

One thing is sure: fishing in the EEZ will never be the same again. The Rules now permit the entry of corporations as operators and owners of fishing vessels. This means that traditional fishers, fishing communities, and corporations will be competing for resources in the EEZ. Although the Rules explicitly prohibit unsustainable fishing practices, how far they will be followed in the sea is yet another matter. Enforcing these Rules will be the hardest part. The effort is commendable, especially in prohibiting IUU and destructive fishing. However, concerns remain in areas such as the entry of conglomerates, regarding how far these Rules exclude the knowledge of traditional fishers, who have been venturing offshore long before the passage of these Rules.

Sachin Menon is Assistant Professor, School of Law, Christ University, Bangalore

Views expressed are the author’s own and don’t necessarily reflect those of Down To Earth