Legal report on the ecosystem approach to fisheries in India
Legislating for the ecosystem approach to fisheries (EAF) is complex, due to the holistic nature of the EAF involving multiple factors that underpin the social, economic, environmental, and institutional aspects of fisheries sustainability. These factors include ecosystems integration, risks, inter-sectoral collaboration, research, participatory processes, monitoring, control, surveillance, and enforcement. To assess how the EAF is being implemented through national policy and legal frameworks, FAO developed a diagnostic tool for implementing an ecosystem approach to fisheries through national policy and legal frameworks.The present legal report on the EAF used the diagnostic tool to assess the alignment of selected policy and legal instruments of India with the EAF. This assessment analysed the extent to which 82 EAF legal requirements, which are considered the minimum standards in legislating for the EAF, are reflected in India's policies and legislation relevant to the fisheries sector of the country and other relevant sectors (such as environment, wildlife, ecosystems, and maritime affairs). Based on this preliminary diagnosis, gaps were identified in the assessed instruments, and recommendations were made for improving the implementation of the EAF.In India, the governance of fisheries, including its management and regulation, is decentralized. In addition to the Union Government, there are nine coastal states and four Union Territories (UTs). These states and UTs exercise jurisdiction over fishing and fisheries within the territorial sea measuring is up to 12 nm, whereas the Union Government exercises jurisdiction over fishing and fisheries in marine waters beyond the territorial sea, up to 200 nm of the EEZ. This report focused on the analysis of national policies and other legal instruments of the Union Government of India. Additionlly, the analysis of the primary fisheries legislation of the coastal states and UTs was performed, based on a simplified methodology, which identified and examined only the provisions common to all those legislations. Of the 82 EAF legal requirements, 58 EAF legal requirements were found in India’s national policy and legal frameworks assessed in this EAF Legal Report, indicating a medium level of alignment with the EAF. Based on this preliminary assessment, 24 EAF legal requirements remain to be incorporated in the policy and legal frameworks of India. This report provides recommendations for improving the implementation of the EAF through policy and legal instruments of India.
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| Format: | Book (stand-alone) biblioteca |
| Language: | English |
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BOBP-IGO ; FAO ;
2024
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| Online Access: | https://openknowledge.fao.org/handle/20.500.14283/cd2940en |
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