Remove aqua hatcheries operating in prohibited zones, NGT tells Tamil Nadu

CHENNAI:  The southern bench of the National Green Tribunal (NGT) on Friday directed the Coastal Aquaculture Authority (CAA) to remove all aquaculture hatcheries in prohibited zones (which is up to 200 meters from the high tide line), initiate prosecution and impose compensation for past violations.

The NGT bench of judicial member justice Pushpa Sathyanarayana and expert member K Satyagopal delivered this landmark judgement in a suo moto case registered based on a 2021 TNIE article. It directed the CAA to undertake a detailed survey of all aquaculture hatcheries along the coastline of Tamil Nadu and Puducherry and ensure compliance of Coastal Regulation Zone (CRZ) Notification, 2011.

According to Section 13(8) of the CAA Act, 2005, aquaculture facilities are prohibited within 200m from the ‘High Tide Line’, which is consistent with CRZ notification where it is declared a ‘No Development Zone’. Any operations beyond the 200m requires clearance by CAA, and under the CRZ notification.

To date, hatcheries had been established in the CRZ area and many were operating within prohibited intertidal waters without prior clearance, as found by the Joint Committee appointed by NGT. After the judgement, hatcheries can’t be located within 200m from the high tide line or in CRZ-I areas.

All aquaculture farms (shrimp hatcheries) operating in the CRZ area as defined under the CRZ notification should obtain CRZ clearance from Coastal Zone Management Authority (CZMA). They must also obtain registration under the CAA Act, 2005. The TN Pollution Control Board is o directed to enforce the Air and the Water Acts for all hatcheries and take action against them for violations, the green bench said in its order.

Authorities  were directed to ensure there are no discharges of chemical effluent in the intertidal zone. “Small-scale fisheries may be separately identified and appropriate compensation be awarded. Finally, there should be a regulatory check over these units. Only those which are legally permissible with valid permission must be allowed to operate,” the order reads.

Hatcheries were kept out of the CRZ norms as the CAA argued that aquaculture was a permissible activity, needing waterfront and doesn’t fall in the ambit of the notification. There was a SC ruling in S Jagannath Vs Union of India, which said no shrimp culture pond can be constructed within the CRZ area. To nullify the judgment, a separate section was inserted in the CAA Act, 2005 and hatcheries were given a free run.  
No hatcheries are issued with consent to establish operation by CZMA or Pollution Control Board of the State governments. The CZMA said the do not come under its purview, the view which NGT struck down.