What Are India’s Laws On Marine Biodiversity Protection?

India's marine biodiversity, which includes a rich variety of aquatic species, coral reefs, mangroves, and coastal ecosystems, is vital for the ecological balance, the economy, and the livelihoods of millions of people. However, it faces serious threats from overfishing, pollution, habitat destruction, and climate change. To protect these marine ecosystems, India has enacted a series of laws and regulations that aim to conserve marine biodiversity, regulate the use of marine resources, and ensure sustainable practices.

Legal Framework for Marine Biodiversity Protection in India

The Wildlife Protection Act, 1972

The Wildlife Protection Act (WPA), 1972 is the cornerstone of India's biodiversity protection law. While the Act primarily focuses on wildlife on land, it also includes provisions for the protection of marine species and ecosystems, including those in India’s Exclusive Economic Zone (EEZ) and coastal waters.

• Marine Protected Areas (MPAs): The Act provides for the establishment of protected areas for marine ecosystems such as coral reefs, coastal wetlands, and mangroves, and it prohibits human activities that threaten these ecosystems.
• Schedule I Species: The Act also lists certain marine species, such as sea turtles and marine dolphins, under Schedule I, offering them the highest level of protection. These species cannot be hunted, captured, or traded.

The Coastal Regulation Zone (CRZ) Notification, 2011

The Coastal Regulation Zone (CRZ) Notification is a key regulation under the Environment Protection Act, 1986 that governs coastal development activities. It aims to protect India’s coastal ecosystems from unregulated development and environmental degradation.

• Regulation of Coastal Development: The CRZ notification restricts the construction of industries, buildings, and other infrastructure in ecologically sensitive coastal areas, particularly those near mangroves, coral reefs, and turtle nesting beaches.
• Marine Ecosystem Protection: The notification prevents activities like mining, construction, and land reclamation in critical habitats, aiming to protect biodiversity and maintain the integrity of marine ecosystems.

The National Biodiversity Act, 2002

The National Biodiversity Act (NBA), 2002 was enacted to provide for the conservation of biodiversity in India, including marine and coastal biodiversity.

• Marine Genetic Resources: The Act provides guidelines for the sustainable use of marine genetic resources and aims to regulate access to biological resources, including marine species, for scientific research and biotechnology.
• Biodiversity Management Committees: Under the NBA, the government has established Biodiversity Management Committees at local levels (including coastal areas) to oversee the conservation and sustainable use of marine resources.

The Fisheries Act, 1897

The Fisheries Act, 1897 regulates the fishing industry in India, including the exploitation of marine species in the country’s territorial waters.

• Regulation of Fishing Practices: It imposes restrictions on certain fishing practices, such as the use of nets that are harmful to marine habitats, and it specifies fishing zones to prevent overfishing and to protect breeding grounds of endangered marine species.
• Marine Species Protection: The Act also provides for the establishment of no-fishing zones, particularly around marine protected areas and sanctuaries, to safeguard vulnerable marine species.

The Marine Fisheries Regulation Act, 1986 (MFRA)

The Marine Fisheries Regulation Act (MFRA), 1986 is an important piece of legislation aimed at regulating the exploitation of marine resources in India’s territorial waters.

• Sustainable Fishing: The Act establishes regulations regarding the type of fishing gear that can be used, the seasonal restrictions on fishing, and the areas where fishing can take place. These measures aim to conserve fish stocks and protect marine biodiversity.
• Protection of Marine Habitats: The Act helps in preventing practices that damage the marine ecosystem, such as trawling over coral reefs.

The Environment Protection Act, 1986

Under the Environment Protection Act, the Indian government has implemented regulations to prevent marine pollution, such as the discharge of harmful substances into marine waters. The Act is also linked to India’s commitments under international agreements like the MARPOL Convention, which seeks to reduce pollution from ships.

• Marine Pollution: The Environment Protection Act regulates the disposal of oil and hazardous substances into marine environments and mandates penalties for polluting ships or industries.
• Environmental Impact Assessments (EIA): Projects like ports, oil rigs, and coastal industries must undergo EIAs, which evaluate the potential impacts of development on marine biodiversity before construction.

The Indian Ports Act, 1908

The Indian Ports Act governs the functioning of ports and related activities in India. It includes provisions for protecting coastal waters and marine life by regulating the handling of pollutants and ensuring that port operations do not harm the marine environment.

• Pollution Control: Port authorities are required to establish systems to control pollution from shipping activities, including oil spills, garbage, and ballast water discharge, to protect the marine ecosystem.

International Conventions

India is a party to several international conventions aimed at marine biodiversity conservation, including:

• Convention on Biological Diversity (CBD): India is a signatory to the CBD, which mandates the conservation of biodiversity, including marine biodiversity.
• MARPOL Convention: India is committed to controlling pollution from ships through the International Convention for the Prevention of Pollution from Ships (MARPOL).
• Ramsar Convention on Wetlands: India has designated several coastal and marine wetlands as Ramsar sites, which are protected under the Ramsar Convention to conserve coastal biodiversity.

Enforcement and Monitoring

• National Marine Fisheries Research Institute (NMFRI): NMFRI monitors marine fisheries and biodiversity, providing data for informed decision-making regarding conservation.
• Marine National Parks and Sanctuaries: India has established numerous Marine National Parks and Sanctuaries like the Gulf of Mannar Marine National Park and Kochi Marine Sanctuary. These areas provide safe habitats for marine species and are subject to strict conservation regulations.

Example

In 2018, the Gulf of Mannar Marine National Park in Tamil Nadu witnessed a significant increase in the number of endangered species, such as the Dugong and Coral reefs, due to the implementation of strict protection measures under the Wildlife Protection Act, the CRZ regulations, and MARPOL guidelines. Fishing in designated zones was restricted, and no-development policies around coral reefs and mangrove areas helped restore marine biodiversity.