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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:
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(i) |
To make regulations for
the construction and operation of aquaculture farms
within the coastal areas; |
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(ii) |
To inspect coastal
aquaculture farms with a view to ascertaining their
environmental impact caused by coastal aquaculture; |
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(iii) |
To register coastal
aquaculture farms; |
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(iv) |
To order removal or
demolition of any coastal aquaculture farms which is
causing pollution after hearing the occupier of the
farm; and |
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(v) |
To enter on any coastal
aquaculture land, pond, pen or enclosure and
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(a) |
make any inspection,
survey, measurement, valuation or inquiry; |
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(b) |
remove or demolish
any structure therein; and |
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(c) |
do such other acts
or things as may be prescribed. |
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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:
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(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; |
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(ii) |
To
deal with any issues pertaining to coastal aquaculture
including those which may be referred to it by the
Central Government; |
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(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;
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(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; |
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