Unregulated and illegal fishing by foreign fishing boats in Sri Lankan waters with special reference to bottom trawling in northern Sri Lanka: A critical analysis of the Sri Lankan legislation

Sri Lankan and South Indian fishermen have been using the Palk Bay and Gulf of Mannar waters for a long period. Nevertheless, after signing the maritime agreements in 1974 and 1976, Indian fishermen encroaching Sri Lankan waters with the usage of bottom trawlers (banned in Sri Lanka) has been a serious issue (which worsened since the cessation of the ethnic conflict in 2009). This article reviews the legal framework in Sri Lanka addressing illegal fishing methods and operation of foreign fishing boats with suggestions for law reformations. Fisheries and Aquatic Resources Act No. 2 of 1996 (as amended) enacted by the Department of Fisheries and Aquatic Resources (DFAR) describes the types of fishing gear (including bottom trawling), fishing methods and harmful material (e.g., usage of explosives) that are prohibited, while describing the penalties for any violations. Fisheries (Regulation of Foreign Fishing Boats) Act No. 59 of 1979 (as amended) also enacted by the DFAR prohibits fishing by foreign boats in Sri Lankan waters (without a permit from the DFAR) with provisions to impose penalties for violations. However, in the Fisheries (Regulations of Foreign Fishing Boats) Act it is not indicated regarding the type of fishing gear, methods and harmful material that are prohibited (with or without any permits), while there is no specific penalty system for usage of banned fishing gear, materials and methods. Hence there is a requirement to reform the existing laws with proper law enforcement and regular monitoring of illegal fishing.