Russel Ignatius (russelignatius@gmail.com) Manonmaniam Sundaranar University Guided by: Dr. A.

Thomas William

The articles highlights the important points stressed in the recent Coastal Regulation Zone Notification, 2011, published on 7th January, 2011. It journeys through the livelihood implications it has on the traditional fisher folk, the original inhabitants of the coast. It reflects the positive and negative lineage of the law and the reactions of the fishing community.

India has a long coastline of 7,500km, ranging from Gujarat to West Bengal, and two island archipelagos. Our coastal ecosystems provide protection from natural disasters such as floods and tsunamis to the 250 million people who live in our coastal areas. Coastal waters provide a source of primary livelihood to 7 million households. The Coastal Regulation Zone (CRZ) Notification, 2011 demonstrates the need to bring about modifications in laws and regulations to ensure a demonstrably better balance between the equally urgent imperatives of faster economic growth and deeper environmental conservation.

UN conference on the Human Environment held at Stockholm. 1986: Environment Protection Act (EPA) 1981: Prime Minister Indira Gandhi sends an advisory to coastal state governments to protect beaches 1991 - the MoEF formulates the Coastal Regulation Zone notification under the EPA of 1986 1993 1996: In response to a PIL filed by the Indian Society for Enviro-Legal Actions, the Supreme Court forces state governments to submit Coastal Zone Management Plans. 2004: Committee of scientists and academics headed by MS Swaminathan appointed to review the regulations; Asian tsunami wreaks havoc on the southern coast of India. 2008: Coastal Management Zone notification released with guidelines for management and permitted activities triggering widespread protests from fish workers, environment and fishermen collectives, fisheries scientists and the governments of 8 coastal states. A National Campaign against CZM Notifications comprising of a range of civil society and fishermen organizations against the CZM also took shape. 2009: MS Swaminathan heads another committee that recommends retaining the CRZ 1991 notification with amendments to suit various stakeholders in a report titled, The Final FrontierA series of public consultations were then held in all coastal states the end of which saw the ministry announce a new draft of the CRZ 1991, in March 2010.

The Minister of State for Environment & Forests (MoE&F), Independent Charge Shri Jairam Ramesh announced Coastal Regulation Zone (CRZ) Notification, 2011 on 7th January, 2011. This replaces the CRZ Notification, 1991. In addition, for the very first time an Island Protection Zone (IPZ) Notification, 2011 is being notified and published covering Andaman and Nicobar Islands and Lakshadweep

Protection of livelihoods of traditional fisher folk communities; Preservation of coastal ecology; and Promotion of economic activity that have necessarily to be located in coastal regions.

In the 1991 Notification the CRZ area was classified as CRZ-I (ecological sensitive), CRZ-II (built-up area), CRZ-III (Rural area) and CRZ-IV (water area). In the 2011 Notification the above classification is retained. The only change is the inclusion of CRZ-IV, which includes the water areas up to the territorial waters and the tidal influenced water bodies. For the very first time, a separate draft Island Protection Zone Notification has been issued for protection of the islands of Andaman & Nicobar and Lakshadweep under Environment (Protection) Act, 1986.

The CRZ Notification, 2011 clearly lists out the areas that fall within the category of CRZ-I. It includes:Ecologically sensitive areas and the geomorphologic features that play a primary role in maintaining the integrity of the coast. The activities permissible in CRZ-I (i) No new construction shall be permitted in CRZ-I except; Projects relating to the Department of Atomic Energy; Pipelines, conveying systems including transmission lines; Facilities that are essential for activities permissible under CRZ-I; Installation of weather radar for monitoring of cyclones movement Construction of trans-harbour sea link and roads. Development of green field airport already permitted at only Navy Mumbai; (ii) Between Low Tide Line and High Tide Line in areas which are not ecologically sensitive, the following may be permitted; Exploration and extraction of natural gas Construction of dispensaries, schools, public rain shelter, community toilets, bridges, roads, jetties, water supply, drainage, sewerage which are required to meet the needs of traditional inhabitants living within the biosphere reserves after obtaining approval from concerned CZMA.

The Notification defines CRZ-II as the areas which are developed up to or close to the shoreline and falling within municipal limits. Buildings are permissible on the landward side of the existing road, authorized structure or hazardous line where there are no authorised structures. Other activities such as desalination plants and storage of non-hazardous cargo are also permissible.

CRZ-III areas are those areas that are relatively undisturbed and do not fall under either in Category I or II and also include rural and urban areas that are not substantially developed. All permissible activities for CRZ-III as listed in the CRZ Notification, 1991 are retained in the Notification. Between 0-200 metres from HTL is a No Development Zone where no construction shall be permitted. Only certain activities relating to agriculture, horticulture, gardens, pasture, parks, play field, forestry, projects of Department of Atomic Energy, mining of rare minerals, salt manufacture from seawater, facilities for receipt, storage, degasification of petroleum products and liquefied natural gas, facilities for generating power by non-conventional energy sources and certain public facilities may be permitted in this zone.

The aquatic area from low tide line up to territorial limits is classified as CRZ-IV including the area of the tidal influenced water body. In CRZ-IV areas, there is no restriction on the traditional fishing and allied activities undertaken by local communities. However, no untreated sewage, effluents or solid waste shall be let off or dumped in these areas. A comprehensive plan for treatment of sewage generating from the city must be formulated within a period of one year from the date of issue of this Notification and be implemented within two years thereafter.

Since the fishing communities traditionally live in the coastal areas, they have been given primary importance when drafting the CRZ Notification 2011. One of the stated objectives of the Notification is to ensure livelihood security to the fisher communities and other local communities, living in the coastal areas and to promote development through sustainable manner based on scientific principles taking into account the dangers of natural hazards in the coastal areas, sea level rise due to global warming.

The forest land along the countrys coastline, currently protected under the Forest Protection Act, will be thrown up for development. The move will lead to the development of resorts, hotels and mega housing projects, leading to the uprooting of fishermen. The negative impact on fisheries that will be a result of restricting the movement of fishermen in the inter habitation segments. Indian fishermen have been using the fishing waters and the land to process their catch, repair their nets, or sell their products as common property resources. However, the new notification may lead to their being treated as encroachers and may lead to their displacement without any compensation.

The National Fishworkers Forum (NFF), Coastal Action Network and The National Coastal Protection Campaign (NCPC), expressed shock over the new Coastal Regulation Zone 2011 notification for failing to fulfil the assurances given by the Union Ministry of Environment and Forest (MoEF). This notification was rejected by some fishermen groups on the grounds that the changes, if any, are only cosmetic and do not benefit traditional coastal communities. Kerala Suthandra Malthsya Thozhilali Forum (KSMTF) viewed that this notification is unfair to fishermen communities, as it is a deliberate move by the ministry to convert coastal land into Special Economic Zones leading to wanton construction and tourism activities.

Our coasts have an economic significance besides the ecological one and that an approach that takes both into consideration is the way ahead. From the recent CRZ notification, it seems the scales are tilted away from fishing communities and favour other interests of the ministry. Only cosmetic changes have been made to the notification despite all the objections, public consultations and comments received. The MoEF seems determined to go ahead with its plans to open up the coast for development paying only lip service to traditional communities, environmentalists and fishermen groups. When public consultations and a participatory approach fail or become flawed, traditional fishermen communities the original inhabitants of our coasts, have no recourse but to agitate the next obvious step in the democratic process. Meanwhile, the fate of 7500 km of the Indian coast remains unresolved.