Coastal Regulation Zone (CRZ) Notification, 2011 its Livelihood implication for the Traditional Fisher folk

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

Abstract: 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.

Introduction:
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. Our marine ecosystems are a treasure trove of biodiversity. Thus our coastline is both a precious natural resource and an important economic asset, and we need a robust progressive framework to regulate our coast. 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.

Chronological sequence preceding CRZ Notifications, 2011

Pressures of development, population and climate change are felt more along coastal regions than anywhere else. Conserving coastal ecosystems and resources, preserving the rights of coastal communities and regulating development along the coast are indeed a challenge to planners and policy makers. The timeline of coastal regulation in India is as follows: 1972: India becomes signatory to the UN conference on the Human Environment held at Stockholm. 1986: Environment Protection Act (EPA) enacted to implement decisions taken at the UN conference on the Human Environment. 1981: Prime Minister Indira Gandhi sends an advisory to coastal state governments to protect beaches - an advisory not implemented by the states as it did not have statutory backing. 1991 - the MoEF formulates the Coastal Regulation Zone notification under the EPA of 1986; all coastal states asked to submit Coastal Zone Management Plans before February 1992 the states drag their feet on this as they felt their rights and privileges were diluted by the notification. 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.

1996: Central government approves the management plans subject to certain revisions and modifications and requests states to submit the final, revised plans which they didnt. 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. 2005: Committee recommends integrated coastal management approach, a vulnerability line, inclusion of territorial waters into the regulatory zone, and changes in the boundaries of the zones, among other things. 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 Frontier. The 2008 CZM notification is allowed to lapse and campaign groups reach a broad consensus with the government on the condition that rights of fishers and other coastal communities would be preserved. A 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. Fishermen groups objected to this on the grounds that the public consultations only provided a platform to air their grievances and there have been no discussions or debates on many of the substantive issues. The government responded to this by issuing a pre-draft notification, with a concept note a step to elicit comments and views before beginning the statutory process of issuing a draft notification.The purpose of coastal regulations in India is to preserve the coastal environment by regulating the use of land near the Indian coastline. Concerns have, however, been raised about this move on account of its impact on: coastal communities and ecosystems, conservation and sustainable development.

The CRZ Notifications, 2011

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. Both these new Notifications reconcile three objectives:
(i) (ii) (iii)

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.

Identification and Classification of CRZ Areas under the 2011 Notification

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.

Coastal areas that qualify as falling within the CRZ-I category

The CRZ Notification, 2011 clearly lists out the areas that fall within the category of CRZ-I. It includes:1. Ecologically sensitive areas and the geomorphologic features that play a primary role in maintaining the integrity of the coast like: Mangroves Corals and coral reefs and associated biodiversity Sand Dunes Mudflats which are biologically active National parks, marine parks, sanctuaries, reserve forests, wildlife habitats

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. Salt harvesting by solar evaporation of seawater Desalination plants Storage of non-hazardous cargo such as edible oil, fertilizers and food Construction of trans-harbour sea links, roads on stilts or pillars.

The coastal areas that qualify as falling within the CRZ-II category
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.

The coastal areas that qualify as falling within the CRZ-III category
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 nonconventional energy sources and certain public facilities may be permitted in this zone. Between 200-500 metres of HTL, construction and repair of houses of local communities, tourism projects including green field airport at Navy Mumbai, facilities for receipt, storage, degasification of petroleum products and liquefied natural gas, storage of non-hazardous cargo, desalination plants, facilities for generating power by non-conventional energy sources are permissible.

The coastal areas that qualify as falling within the CRZ-IV category
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. Special Provisions for the Fisher folk Communities 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 following are the provisions in the 2011 Notification that address the issues relating to fishermen community:(i) Water area up to 12 nautical miles and the tidal influenced water bodies have been included under the Coastal Regulation Zone areas in order to:

 control the discharge of untreated sewage, effluents and the disposal of solid wastes as such activities endanger the fish and their ecosystem; Conserve and protect habitats in the marine area such as corals and coral reefs and associated biodiversity, marine sanctuaries and biosphere reserves, sea grass beds etc. Which act as spawning, nursery and rearing grounds for fish and fisheries; Regulate activities in the marine and coastal waters such as dredging, sand mining, discharge of waste from ships, construction like groins, breakwaters, etc. Including reclamation which has serious impacts on fishing and allied activities; Enable studies of the coastal and marine waters with regard to the impact of climate change and the occurrence of disasters which have serious impacts on the livelihood and property of the fisher-folk. It may be noted that no restrictions are being imposed on any fishing activities and allied activities of the traditional fishing communities in this area. (ii) At several coastal stretches of the country the fishermen and their dwelling units are in danger due to erosion which is occurring primarily due to manmade activities. The development of such manmade foreshore activities shall be regulated after identifying and demarcating the coast as falling in the high eroding category, the medium eroding category or the stable sites category. (iii) While preparing the Coastal Zone Management Plans the infrastructures essential for fishing communities must be clearly demarcated and fishing Zones in the water bodies and the fish breeding areas shall also be clearly marked. (iv) The 2011 Notification requires the Coastal Zone Management Authorities to invite comments on the draft Coastal Zone Management Plan from stakeholders. This will ensure that for the first time, local communities including fishermen communities will have a say in the preparation of the CZMPs. (v) The Notification allows infrastructural facilities for the local fishing communities to be constructed in the CRZ-III area. (vi) Reconstruction, repair works of dwelling units of local communities including fisheries in accordance with local Town and Country Planning Regulations has been made permissible. (vii) In CRZ-III areas where 0-200 metres is a No Development Zone (NDZ), to meet the demands of dwelling units of traditional coastal communities including fisher-folk, the NDZ has been reduced to 100 metres. Hence, dwelling units of such communities can be constructed 100-200 metres from High Tide Line along the seafront with the approval of the State Government and the MoEF.

The Special Highlights of CRZ Notifications, 2011

Apart from codifying the 25 amendments that were made to CRZ Notification, 1991 between 1991-2009, the CRZ Notification, 2011 has several new features. It has special provisions for Goa, Kerala, Greater Mumbai and critically vulnerable coastal areas (CVCAs) like Sunderban Mangrove Area, Chilka and Bhitarkanika (Orissa), Gulf of Khambat and Gulf of Kutchh (Gujarat), Malwan (Maharashtra), Karwar and Kundapur (Karnataka), Vembanad (Kerala), Coringa, East Godavari and Krishna Delta (Andhra Pardesh), Gulf of Mannar (Tamil Nadu). Clear procedures for obtaining CRZ approval with time-lines have been stipulated along with post-clearance monitoring and enforcement mechanisms.

 Water area up to 12 nautical miles in the sea and the entire water area of a tidal water body

such as creek, river, estuary, etc would now be included in the CRZ areas, without imposing any restrictions of fishing activities. The concept of a Coastal Zone Management Plan (CZMP), to be prepared with the fullest involvement and participation of local communities, has been introduced. The concept of a hazard line to be demarcated over the next five years has been introduced to protect life and property of local communities and infrastructure along coastal areas. Measures have been put in place to combat pollution in coastal areas/coastal waters. The shorelines would be mapped through time-series satellite images with no foreshore development being permissible in high-eroding areas. The no development zone is being reduced from 200 metres from the high-tide line to 100 metres only to meet increased demands of housing of fishing and other traditional coastal communities.

Worrying Concerns of the Coastal Regulations:

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. Provision for the development of new ports which might be disastrous for Indias ecological balance. The proposed regularization of violations, such as structures built on the seaward side of the existing roads and structures built contrary to CRZ definitions, if built or approved before 2008. 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. It does not define activities to be prohibited in the coastal zones. Instead, it allows state governments to identify economically significant areas and allow industries to grow. Also, the notification is silent on the management of these zones. It also allows the development of Greenfield airports in the coastal zones even if the area is ecologically fragile.

Response And Critique of Fisher-organizations

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.

The provision related to 'roads-on-stilts' by fishing community and environmental groups across the country, given the potential for its gross misuse, the Ministry had indicated that it will drop this provision from the final notification. It is unacceptable that this provision continues to be reflected in the CRZ Notification 2011. Fishing communities are the traditional inhabitants of the coast, with the largest stake in its protection and management. Fishing community associations had also been assured fair representation in the National and State-level Coastal Zone Management Authorities (CZMAs), with a representation of at least three people. This assurance is not reflected in the CRZ Notification 2011. The provision to notify Critically Vulnerable Coastal Areas (CVCAs) would be modified to Community Managed Coastal Reserves (CMCRs), but it was not done so. The possibility of addressing some of the fishing community housing problems in the CMCR has been ignored in the CVCA formulation. The provision that allows new construction within the 100 to 200 metre 'No Development Zone' in CRZ III has been loosely worded. While reconstruction/renovation should be allowed for all coastal communities, new constructions should be allowed only for the fishing community and that too in specific locations or areas where there is no alternative that will ensure that fishermen can pursue their livelihood. The provision that allows for State-level Coastal Zone Management Plans (CZMPs) to be revised every five years will be misused. About rights of traditional fishing communities, concessions are not what fishermen want; they would like to be part of the coastal management and protection process. Fishing communities deserve rights and space in the coastal governance network and providing facilities like auction halls, fish drying centres etc are simply not enough. The re-structuring of coastal zone management authorities doesnt really mean anything unless there is widespread debate on development and environment protection priorities, and the inclusion of local communities in the decision making process.

Conclusion:
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.

Bibliography
www.ceeindia.org/cee/latest_crz.html

moef.nic.in/downloads/public-information/FAQ-CRZ.pdf moef.nic.in/modules/others/?f=press-releases www.marinebuzz.com