News
India seeks release of trawlers as Lanka enforces tough new laws to curb poaching
The Indian government is seeking the immediate release of all 184 Indian trawlers seized by the Sri Lanka Navy for engaging in poaching activities in Sri Lankan territorial waters since 2015, a senior Sri Lankan official said.
Fisheries Director General Prasanna Ginige told the Sunday Times that the Fisheries Ministry had to take the final decision on the matter after consulting the stakeholders, including Northern Province fisher unions — which are against the release of the boats – and the Attorney General’s Department.
“We have not taken any decision on the release of the Indian vessels, but talks are continuing,” he said. The question of the possible release of all Indian trawlers in Sri Lankan custody came to the forefront this week after the Indian High Commission wrote to President Maithripala Sirisena seeking the release of the boats.
Northern fishermen union representatives met Fisheries Minister Gamini Wijith Wijayamuni Zoysa this week and raised concerns over releasing the detained Indian trawlers, warning that those trawlers would return to poach in Sri Lanka’s Northern waters. It was agreed at the meeting to appoint a committee consisting of union leaders, marine experts and senior ministry officials to recommend a course of action on the Indian vessels.
“We have expressed our concerns about our livelihood being threatened by Indian trawlers poaching in the Northern Sea repeatedly,” Fisheries Cooperative Union President N M Aalam said.
Meanwhile, an Indian delegation was here this week to secure the release of 10 trawlers in Sri Lankan custody as both governments had agreed to the phased release of detained boats. However, the delegation returned empty-handed since the boats, seized in 2015, were not in good condition for the India-bound passage. Though the delegation requested the release of boats seized last year (2017) as they were in good condition, they were told by Ministry officials that directives were issued to only release boats seized in 2015.
The decision to prosecute arrested fishermen under new laws came in the wake of a fresh arrest of a group of 12 Indian fishermen for engaging in poaching activities in the Northern sea.
The Fisheries Ministry has decided to prosecute those who engage in poaching activities in Lankan territorial waters under the newly amended Foreign Fishing Boats Act, No. 1 of 2018 which would mean a two-year jail term and heavy penalties amounting to millions of rupees.
Mr Ginige said his department had issued directives to Assistant Director of Fisheries in Jaffna, J Suthakar, to file charges under the amended law when the group of 12 Indian fishermen were produced in the Kayts Courts in Jaffna on Thursday.
The 12 Indian fishermen were arrested by the Navy on Thursday in the Northern sea off Delft Island along with two of their trawlers. They were produced in the Kayts Courts. They face charges under the newly amended Foreign Fishing Boats Act Fisheries Act. Kayts Magistrate A Judson remanded them until July 12.
Mr Suthakar told the Sunday Times that he was instructed by the Fisheries Ministry to file charges under the new law and the relevant charge sheets with specific details of their offences, and penalties will be submitted to courts on July 12 when the Indian fishermen are produced before the Magistrate.
According to the amended Act, an individual charged with engaging in poaching will be subjected to a two-year jail term or Rs. 6 million fine, based on the length of the vessel. Repeat offenders will get both jail term and penalties.
The new amendment also grants powers to the Fisheries Department DG to file charges in a Magistrate’s Court unlike the previous system of the AG’s Department filing charges in a High Court.
Provisions in the amendment make it clear that the skipper, or owner, of the vessel has to be produced in courts after the Fisheries Department informed the consellor of the relevant foreign country, and the case has to be fast-tracked and should be concluded within one month.
Based on vessel length, penalties vary from Rs. 6 million to Rs. 175 million. Previously, the maximum penalty was Rs.1.5 million. This was increased to Rs.175 million for a 75-metre vessel that enters Lankan territorial waters.