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India asks monies from seized trawler auction be handed to interlopers
India has asked Sri Lanka to return the money from auctioning the Indian trawlers, to its owners. The trawlers were seized for engaging in bottom trawling in Lankan waters in the past before a key legislation was passed in 2018 imposing hefty fines in millions.
During the meeting Wednesday between Fisheries Minister Douglas Devananda and visiting Indian External Affairs Minister Dr S Jaishankar, the Indian side stressed that the issue should be approached on a ‘humanitarian basis’ since the livelihood of both countries’ fishing communities was at stake.
While both countries agreed to fast-track the release of arrested fishermen in each other’s custody, the Indian delegation also stressed that the Indian trawlers seized before the adoption of the amendment to the Foreign Fishing Boats Amendment Act No 1 of 2018, which imposed hefty fines, could be auctioned but the funds should be returned to the respective Indian owners of the vessels.
According to the amendment to the Fisheries Act as amended in 2018, the relevant fine for boats starts from Rs 5 million (less than 15 metres) and goes up to Rs 175 million (75 metres).
“We were requested by the Indian side to return the auction money to the respective Indian owners. We have pointed out the damages caused to the nets and other fisheries resources belonging to the local fishermen,” Minister Devananda told the Sunday Times.
Minister Devananda pointed out that even though they announced that Indian fishermen could retrieve their boats that were seized before the 2018 Fisheries legislation came into effect, many did not turn up saying most of the boats were not in good condition to return to India due to longstanding anchoring in various ports around the country.
In October 2018, an Indian delegation consisting of Indian fisheries officials and fishermen’s representatives visited the country to ascertain how many Indian trawlers could be returned to Tamil Nadu. 36 trawlers which were in decent condition were taken back. At least 138 Indian trawlers are still in Sri Lankan custody and set to be auctioned.
The rest of the Indian trawlers in Sri Lankan custody are to be auctioned as per court directives but no definite decision has been taken on the fate of the boats from the government level, the Minister added.
“We categorically told them that bottom trawling needs to be stopped immediately, considering the marine resources in the Palk Strait, as Indian fishermen depleted their fishing grounds completely due to this practice and are now exploiting our sea,” Minister Devananda said while stressing that it is in the hands of the Indian government to urge its fishermen to switch to alternative fishing methods.
Minister Devananda requested the visiting Indian External Affairs Minister to allow Sri Lankan fishermen who engage in multi-day, deep sea fishing to access the Arabic Sea via Indian waters through Maldives as an alternative route considering the short distance.
As talks were underway on Wednesday, the Puttalam Magistrate’s Court released four Indian nationals who were arrested the previous day with 1680kg of dried turmeric and 150kg of cardamom near Kudiramalai.
An official from the Puttalam Fisheries Department confirmed to the Sunday Times the release of Indian nationals who were charged under Customs Ordinance regulations and not under the Fisheries Act, despite the officials’ opposition to the application of the law. Currently, these released fishermen are awaiting their return home. The boat used for smuggling is under naval custody.
On Wednesday, the Kayts Magistrate’s Court handed a two-year Rigorous Imprisonment (RI) sentence postponed for 10 years to 26 Indian fishermen arrested last week for engaging in bottom trawling in the Northern territorial waters. All were charged under section 15 and 15A of the Fisheries Act as amended in 2018.
Appearing on behalf of Northern fishermen groups, Attorney-at Law Stanislaus Celestine argued that despite a clear International Maritime Border Line (IMBL) demarcated between the two countries following 1974-1976 bilateral agreements, Indian fishermen continue to violate it by entering into Sri Lankan territorial waters to engage in bottom trawling.
Kayts Magistrate A Judson warned the arrested Indian fishermen not to trespass into Lankan territorial waters in future and stressed that if they got caught again, they would be handed a jail term.
Meanwhile a fishermen’s leader from Rameswaram, Tamil Nadu has proposed that an amicable solution to the longstanding Indo-Lanka fishing dispute would be to encourage fishermen from both countries to go deep-sea fishing in multi-day boats in international waters.
P Jesuraja, president of the All Mechanized Boat Fishermens Association, told the Sunday Times in a telephone interview that this is a conflict between two fishing communities as the fishing area became less after Kachchathivu islet was ceded to Sri Lanka in 1974.
Responding to allegations by northern fishermen that Indians sail closer to the coast to engage in trawling and damage the nets of local fishermen who use traditional fishing methods, Mr Jesuraja suggested that this could be avoided by declaring specific fishing days for both fishing communities.
Mr Jesuraja acknowledged that the Rameswaram fishermen do fish near Nedunthivu and Analaithivu as alleged by local fishermen. However, he stressed that those who come to Kilinochchi and Point Pedro are not from Rameswaram but from Nagapattnam and Karaikal.
(Additional reporting by
N Lohathayalan)