Powers and Functions
As per the Coastal Aquaculture Authority Act, 2005, ‘coastal aquaculture’ means culturing, 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 fresh water aquaculture. For the purpose of regulation, the ‘coastal area’ means the area declared as Coastal Regulation Zone for the time being in the notification of the Government of India in the Ministry of Environments and Forests (Department of Environment, Forests and Wildlife) Notification No. S. O. 114 (E) dated 19 February 1991. Further, vide Notification No S.O. 74 (E) dated 23 January 2006; the coastal areas have been defined by the Central Government as “area of land within a distance of two kilometers from the High Tide Line (HTL) of seas, rivers, creeks and backwaters”.
In pursuance of the above provisions of the Act, the Coastal Aquaculture Authority shall inter alia exercise the following powers and perform the following functions:
| (i) | To make regulations for the construction and operation of aquaculture farms within the coastal areas; | ||||||
| (ii) | To inspect coastal aquaculture farms with a view to ascertaining their environmental impact caused by coastal aquaculture; | ||||||
| (iii) | To register coastal aquaculture farms; | ||||||
| (iv) | To order removal or demolition of any coastal aquaculture farms which is causing pollution after hearing the occupier of the farm; and | ||||||
| (v) | To enter on any coastal aquaculture land, pond, pen or enclosure and
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| (vi) | To perform such other functions as may be prescribed. |
All persons intending to undertake aquaculture in the coastal areas of the country shall be required to register their farm with the Coastal Aquaculture Authority. Such registration shall be valid for a period of five (5) years and may be renewed from time to time. Further, the Authority shall not permit any coastal aquaculture to be carried on within two hundred metres from High Tide Line and no coastal aquaculture shall be carried on in creeks, rivers and backwaters within the Coastal Regulation Zone declared for the time being under the Environment (Protection) Act, 1986. However, this condition shall not apply to the coastal aquaculture farms, which were in existence on the appointed and to the non-commercial and experimental coastal aquaculture farms to be operated by any research institute of the Government by the Government. If any person carries on coastal aquaculture or causes the coastal aquaculture to be carried on in contravention of the provisions of the Coastal Aquaculture authority Act, 2005, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to one lakh rupees, or with both.
Besides the above, the Coastal Aquaculture Authority is also mandated to perform the following functions:
| (i) |
To ensure that the agricultural lands, salt pan lands, mangroves, wet lands, forest lands, land for village common purposes and the land meant for public purposes and national parks and sanctuaries shall not be converted for construction of coastal aquaculture farms so as to protect the livelihood of coastal community; |
| (ii) |
To deal with any issues pertaining to coastal aquaculture including those which may be referred to it by the Central Government; |
| (iii) |
To survey the entire coastal area of the country and advise the Central Government and the State/ Union territory Governments to formulate suitable strategies for achieving eco-friendly coastal aquaculture development; |
| (iv) |
To advise and extend support to the State/ Union Territory Governments to construct common infrastructure viz., common water in-take and discharge canals by the coastal aquaculture farms and common effluent treatment systems for achieving eco-friendly and sustainable development of coastal aquaculture; |
| (v) |
To fix standards for all coastal aquaculture inputs viz., seed, feed, growth supplements and chemicals/ medicines for the maintenance of the water bodies and the organisms reared therein and other aquatic life; |
| (vi) |
To carryout and sponsor investigations and studies/ schemes relating to environment protection and demonstration of eco-friendly technologies in coastal aquaculture; |
| (vii) |
To collect and dissemination of data and other scientific and socio-economic information in respect of matters related to coastal aquaculture; |
| (viii) |
To prepare manuals, codes and audio visual material relating to sustainable development of coastal aquaculture and activities relating there to; |
| (ix) |
To organise through media and other means of communication a comprehensive programme regarding sustainable utilization and fair and equitable sharing of the coastal resources for aquaculture purpose; |
| (x) |
To plan and organise training of personnel engaged or likely to be engaged in programmes for sustainable utilization of the coastal resources for aquaculture purposes; |
| (xi) |
To constitute various technical committees, sub-committees, working groups, sub-groups comprising the Members and Officers of the Authority, Scientists and Officers of the National Research Institutes/ State Governments/ Representatives of the Civil Society for preparation of technical manuals, code of conduct, etc; |
| (xii) |
To direct the owners of the farm to carry out such modifications to minimize the impacts on coastal environment including stocking density, residual levels/ use of antibiotics, chemicals and other pharmacologically active compounds; |
| (xiii) | To order seasonal closure of farms for ensuring sustainability of the coastal aquaculture practices; |
| (xiv) |
To order closure of coastal aquaculture farm in the interest of maintaining environmental sustainability and protection of livelihoods or for any other reasons considered necessary in the interest of coastal environment; |
| (xv) |
To cancel the certificate of registration where it is satisfied that any person has obtained a certificate of registration by furnishing false information or that he/ she has contravened any of the provisions of these rules or of the conditions mentioned in the certificate of registration, without any prejudice to any other action, that may be taken against such person; |
| (xvi) |
To frame recruitment rules for the posts created for the Coastal Aquaculture Authority and till such time issue order that the recruitment to the posts be made on the basis of recruitment rules for analogous posts in the Central Government; |
| (xvii) |
To determine the pay, leave, allowances and other terms and conditions of the service of the employees of the Authority; and |
| (xviii) |
To make suitable recommendations to the Government for amending the guidelines from time to time taking into account the changes in technology, farming practices, etc, and incorporating such modifications in the guidelines to ensure environmental protection and the livelihoods of the coastal communities. |