COASTAL AQUACULTURE AUTHORITY (AMENDMENT) BILL, 2023

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Context

• The Government introduced the Coastal Aquaculture Authority (Amendment) Bill, 2023, through its Union Minister of Fisheries, Animal Husbandry, and Dairying.

Background: Coastal Aquaculture Authority Act of 2005

About

• The Coastal Aquaculture Authority Act came into force on 2005.
• It is an Act which deals with the sustainable development of aquaculture activities in India.
• The government is empowered to make guidelines for the implementation of functions provided to the Authority.
• Coastal Aquaculture Authority is established for the purpose of enforcement of the Act.
• The Authority implements the provisions provided in the Act, under the control of the Central Government of India.

Objectives

• To regulate the aquaculture activities in the country.
• To control the coastal environment destruction.
• To produce more protein-rich food for the consumption of the increasing population.
• To provide a livelihood to humans in commercial aquaculture activities.
• To increase the existing species of the aquatic animals and protecting the coastal environment.
• To utilize the aquatic and coastal land in a sustainable way of ensuring enough resources for our future generation.

Members

The Act provides that there shall be the following ten members in the Aquaculture Authority:

1. Chairperson of the Authority, who is the Judge of the High Court;
2. A member who is an expert in the field of the coastal aquaculture;
3. A member who is an expert in the field of coastal ecology. Such member is to be nominated by the Department of Ocean Development (DOD) of the Central Government;
4. A representative of the Ministry of Agriculture of the Central Government;
5. A representative of the Ministry of Commerce of the Central Government;
6. Four representatives of the coastal states on the rotation basis. The coastal states of India are Gujarat, Maharashtra, Goa, Karnataka, Kerala, Tamil Nadu, Andhra Pradesh, Odisha, and West Bengal. Two coastal union territories are Daman & Diu and Puducherry.
7. A member secretary.

Reappointment

• According to Section 6 of the Act, any member of the Authority can be re-appointed for the post for a maximum of two consecutive years and not more than that.

Term 

• The term of the members and other officials, if appointed, of the Authority is to be three years according to Section 4 (4) of the Act.

Coastal Aquaculture Authority (Amendment) Bill, 2023

Amend Coastal Aquaculture Authority Act, 2005

• The Bill, seeks to amend certain provisions of the Coastal Aquaculture Authority Act, 2005.

Decriminalise Offences

• It aims to decriminalise offences under it for “promoting ease of doing business” and fine-tuning the “operational procedures of Coastal Aquaculture Authority”.

Clarification on regulation

• The Bill seeks to clarify that “coastal aquaculture and activities connected therewith” shall continue to be regulated by “the Coastal Aquaculture Authority Act and no other Acts.

Under Section 2 (1)(c) of the 2005 Act, “coastal aquaculture” means culturing or cultivating, under controlled conditions in ponds, pens, enclosures, or otherwise, in coastal areas, of shrimp, prawn, fish, or any other aquatic life in saline or brackish water; but does not include freshwater aquaculture.

Broaden the definition of “Coastal Aquaculture”

• The 2023 Bill seeks to broaden the definition of “coastal aquaculture” or “coastal aquaculture activity” to mean “rearing and cultivation of any life stages of fish, including crustacean, mollusc, finfish, seaweed or any other aquatic life under controlled conditions, either indoor or outdoor, in cement cisterns, ponds, pens, cages, rafts, enclosures or otherwise in saline or brackish water in coastal areas, including activities such as production of brood stock, seed, grow out, but does not include fresh water aquaculture.”

Promote environment-friendly coastal aquaculture

• Additionally, it aims to promote newer forms of environment-friendly coastal aquaculture such as “cage culture, seaweed culture, bi-valve culture, marine ornamental fish culture and pearl oyster culture”, which, it adds, has the potential for creating employment opportunities on a large scale for coastal fisher communities and especially fisherwomen.

Produce genetically improved and disease-free broodstocks and seeds

• It also aims to encourage the establishment of facilities in areas having direct access to seawater to produce genetically improved and disease-free broodstocks and seeds for use in coastal aquaculture.

Prevent the use of antibiotics

• The Bill seeks to prevent the use of antibiotics and “pharmacologically active substances”, which are harmful to human health in coastal aquaculture.

Provisions for “biosecurity”

• The Bill includes new provisions for “biosecurity”, which refers to measures and strategies for analysing, managing, and preventing the risk of introducing or spreading harmful organisms like viruses and bacteria within the coastal aquaculture unit, which could lead to infectious diseases.

Introduction of a “Brood Stock Multiplication Centre”

• It provides for the introduction of a “Brood Stock Multiplication Centre” which receives “post-larvae or juvenile which are specific pathogen free” or tolerant or resistant to such pathogens or other post-larvae or juveniles from a “Nucleus Breeding Centre”, to be reared under strict biosecurity and disease surveillance.
• Many of these biosecurity measures also find a mention in the 2015 “Guidelines for Regulating Establishment and Operation of SPF Shrimp Broodstock Multiplication Centres”, published by the National Fisheries Development Board, which is part of the Department of Animal Husbandry, Dairying, and Fisheries, which used to be a part of the Ministry of Agriculture and Farmers Welfare.

What are the penalties and punishment under the 2005 Act?

• Section 13 of the 2005 Act relates to the registration for coastal aquaculture. It states that except for the manner provided under it, “no person shall carry on, or cause to be carried on, coastal aquaculture in coastal area or traditional coastal aquaculture in the traditional coastal aquaculture farm which lies within the Coastal Regulation Zone”.
• Section 14 was the only penal provision under the 2005 Act, which punished coastal aquaculture or traditional coastal aquaculture in contravention of Section 13, with imprisonment of up to 3 years or a maximum fine of Rs 1 lakh or both.
• However, no court could take cognizance of an offence under section 14 without a “written complaint filed by an officer of the Authority authorized in this behalf by it.

Changes: 2023 Bill seeks to bring

• The 2023 Bill seeks to insert Section 13A, which allows the CAA to “authorise any officer of the Authority or the State Government or the Central Government, not below the rank of Assistant Director of Fisheries in a District, to function as authorised officer to exercise such powers, to discharge such duties and perform such functions, as may be specified in that order.”
• The new Section 13A also allows the Centre to authorise an officer not below the rank of government Under Secretary to function as an adjudicating officer imposing penalties under the Act.
• Besides this, the Centre can an authorise any officer of the Authority or the State Government or the Central Government, not below the rank of Deputy Secretary, to function as the Appellate Authority.
• Moreover, the adjudicating officer or the Appellate Authority shall have the same powers as are vested in a civil court under the CPC, 1908 while trying a suit, which includes summoning and enforcing the attendance of witnesses; requiring the discovery and production of documents; requisitioning any public record or document or copy of such record or document from any office receiving evidence on affidavits; and issuing commissions for the examination of witnesses or documents.
• Under Section 14, the Bill also seeks to bring about a systematic method for punishments and penalties under the Act. It says that where any person carries on coastal aquaculture in contravention of any of the provisions of this Act, an officer authorised under section 13A can suspend or stop the activity for a prescribed time or impose penalties as per the Table given in the Bill. The officer can even order the removal or demolition of any structure or the destruction of any standing crop. The officer may also suspend or cancel the registration of the offender.
• If the offence pertains to “Hatchery, Brood Stock Multiplication Centre, Nucleus Breeding Centre or such other coastal aquaculture unit”, the penalties range for non-registered people varies from Rs 50,000 to Rs 1 lakh for a first-time offence and third time & its subsequent offenses respectively. For those who have registered and obtained a certificate, the penalty varies from Rs 25,000 to Rs 1 lakh for the same offence.

FISHERIES SECTOR: https://www.iasgyan.in/daily-current-affairs/fisheries-sector

https://indianexpress.com/article/explained/coastal-aquaculture-bill-2023-what-are-its-provisions-8544241/