Thousands of Indian fishermen continue to trespass into Sri Lanka’s northern territorial waters, despite strict new regulations and their poaching activity calls into question a drop in the number of arrests in recent months. The Sunday Times learns that Navy units patrolling near the International Maritime Boundary Line (IMBL) chase the Indian fishermen away rather [...]

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It’s business as usual for bottom-trawling Indian fishermen in Sri Lanka’s waters

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Thousands of Indian fishermen continue to trespass into Sri Lanka’s northern territorial waters, despite strict new regulations and their poaching activity calls into question a drop in the number of arrests in recent months.

The Sunday Times learns that Navy units patrolling near the International Maritime Boundary Line (IMBL) chase the Indian fishermen away rather than taking them into custody. This has been the reason for the low rate of arrests at mid-sea.

“We just chase them away, considering the safety of the Navy personnel on board and the fishermen who trespass into our sovereign waters,” Navy Spokesman Isuru Suriyabandara told the Sunday Times, stressing that the Navy has not shirked its responsibility of protecting the country’s interests.

He said the number of arrests had dropped in recent months, but the Navy’s record indicated that incursions by Indian fishermen in big numbers continue unabated.

He said another reason for the low number of arrests was the Navy’s active patrolling along the IMBL.

“We have the right to use force according to the law. Standard Navy operations mandate us to take appropriate action to protect Sri Lanka’s territorial sea and national interest,” Lieutenant Commander Suriyabandara asserted.

On Thursday, the Navy took into custody five Indian fishermen and their trawler while they were bottom trawling near the Delft Island. They were handed over to Fisheries Department officials in Jaffna for legal action.

In terms of the new amendment to the Foreign Fishing Boats Act, No. 1 of 2018, a foreign fisherman arrested for poaching in Sri Lanka’s territorial waters faces a suspended jail term of up to two years, a huge fine and deportation while the vessel and fishing equipment are seized. So far this year, at least 72 Indian fishermen have been prosecuted and given suspended jail sentences by magistrate’s courts in Jaffna.

According to a Fisheries Department official based in Jaffna, once Indian fishermen are arrested on poaching charges, they are prosecuted under the amended law and sent home quickly since many of them are labourers hired by wealthy boat owners. “We are also aware of the social and economic conditions of these poor fishermen who venture out to sea to make a living as daily labourers,” he said.

The poaching issue surfaced last week when M.K. Kanimozhi, an Indian Parliamentarian from the Dravida Munnetral Kazhakam had informal talks with government leaders on the plight of Indian fishermen who were arrested and deported to India after the legal process.

During a meeting held at Temple Trees last week, Prime Minister Ranil Wickremesinghe told the Indian MP that Indian fishermen continued to trespass into Sri Lanka’s territorial waters in large numbers. He said an amicable solution should be reached with the participation of fisherfolk communities of both countries in addition to the ministerial level Joint Working Group process that began in 2016.

In a separate meeting held at the Fisheries Ministry last Thursday, the Indian delegation led by Ms Kanimozhi said Indian fishermen were harassed and attacked by the Navy at mid-sea and called on the Sri Lankan authorities to release their boats.

When Sri Lankan officials pointed out that the seized Indian trawlers and equipment were auctioned in term of a new law, the Indian delegation requested that the money be sent to the Indian boat owners, a source said.

During the talks, it transpired that the annual Indo-Lanka Joint Working Group meeting had not been held for a long time. A suggestion was made to hold the meeting before the end of this year, according to Agriculture, Irrigation and Rural Economic Affairs State Minister Ameer Ali Shihabdeen who took part in the meeting.

“It was an informal discussion not an official one. However we decided to convene the annual meeting,” the state minister said commenting on the talks.

At the first Joint Working Groups meeting held in 2016, both governments agreed to a request by the fishermen associations that there should be no violence and no loss of life in the handling of fishermen by the navies and coast guards of the two countries.

They also agreed to expedite the transition towards ending the practice of bottom trawling at the earliest, working out the modalities for the Standard Operating Procedures (SOPs) for handing over of arrested fishermen, and ascertaining the possibilities of joint patrolling by the Navies of the two countries.

Usually nearly 5,000 Indian fishing vessels enter Sri Lankan waters at least three days a week and cultivate fish catch amounting to 6000 (MT) metric tonnes a week … and as a result, Sri Lanka incurs an annual loss of Rs. 9000 million, according to an earlier note from the Fisheries Ministry.

Mannar Fisheries Cooperative’s former president N. M. Aalam said Indian fishermen had no right to enter Sri Lanka’s waters and the only exception was when they were caught in turbulent weather conditions.

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